At the time this article was published Gordon
Barnhart was Clerk of the Saskatchewan Legislative Assembly.
0n October 7,1876, Amédée Emmanuel Forget
was named first Clerk at the Table of the newly appointed Council of the
North-West Territories. He thus joined a long line of Clerks in the British
Parliamentary System dating back to 1363 when Robert de Merton was appointed
first Clerk of the British Parliament. Forget was entrusted with the duty of
being the custodian of the principles, practices and traditions of the
parliamentary system. There was no similarity between Livingstone, site of the
first council meeting and Westminster yet these early pioneers were able to
adopt this age old parliamentary tradition to fit their needs and to conduct
the legislative business of the Territories in an orderly manner.
The first Council, composed of His Honour
David Laird, Lieutenant-Governor; Matthew Ryan; Lieutenant Colonel Hugh
Richardson and Lieutenant Colonel James F. MacLeod, Commissioner of the
North-West Mounted Police, was sworn in on November 27, 1876 and held its first
meeting in Livingstone in March 1877. Pascal Bré1and was later appointed as the
fifth Councillor. Thus began the first form of local government in the North
West. It was totally appointed but was a beginning for the vast Canadian frontier.
Forget assumed the responsibility of
assisting this new Council in conducting its business in accordance with
British parliamentary practice and began to keep the records of the Council and
of the Territories. He was born and educated in Quebec and after some
experience as a lawyer and a journalist came West as secretary to Lieutenant
Governor Laird in 1876. Since the Council was small and appointed, rather than
elected, it was no easy task for the Clerk to adapt the British parliamentary
procedures to the new Council. No Speaker was provided for in the North-West
Territories Act but instead, Lieutenant Governor Laird presided over the
Council meetings. The early Lieutenant Governors were similar to colonial
governors under the constitution and were expected to administer federal
policy. Although the powers and jurisdiction of the Council were limited and
often indefinite there were many interesting challenges and experiences facing
the Clerk of a new Council. For example, at the first meeting of the Council,
when the Lieutenant Governor was to open the Session with the formal speech
from the Throne, only one member of Council was present! Due to the vast
distances, the remainder of the members of Council were late. In order for
Colonel MacLeod to attend the Session in Swan River Barracks, Livingstone (near
the present Pelly, Saskatchewan), he had to travel from Fort MacLeod (Alberta)
to Franklin (Minnesota), by stage to Winnipeg and from there by dog train 330
miles to the provisional capital.
The first topics of debate for the Council
dealt with registration of deeds, the protection of the buffalo and the
prevention of the spread of infectious diseases. The revenue to the government
of the North-West Territories for the period March 1877 to July 1878 was $526.
Not unlike today, the Council found that the
length of their sessions soon increased. Norman Fergus Black in A History of
Saskatchewan and the Old North West records that maintaining a quorum at the
Council meetings became a problem. He noted that in 1885 Council met from
October 13 to November 17 and apparently the members had worked very hard. On
the 18th of November a quorum was not present which forced the Lieutenant
Governor to adjourn the sitting until Friday. On the Friday, only two members (out
of twelve) were present. "His Honour expressed special regret at the
somewhat cavalier desertion of their posts by the other weary legislators, as
important matters were still pending. However, as the great majority of the
members had already left for their homes, he bowed to the inevitable and
prorogued the Council."
Although the problems for the early Council
were many, the Members soon began to push for an elected form of government in
the North West. The first territorial election was held in March 1881 and by
1887 the Council was pushing for the creation of a totally elected Legislative
Assembly. In 1888, Parliament amended the North West Territories Act to abolish
the Territorial Council and create a Legislative Assembly composed of 22
elected Members together with three appointed Members who were chosen from the
judiciary to act as legal experts. These three appointees were not allowed to
vote in the Assembly. The year 1888 thus marks the second major milestone
whereby the North West, for the first time, had an elected Legislative Assembly
which was empowered to choose one of its own Members as its Speaker – Herbert
Charles Wilson.
Four Members of the Legislative Assembly
made up the Advisory Council and together with the Lieutenant Governor formed
the first Executive Committee, the forerunner to our present day Cabinet. The
Territories had an elected Assembly and an Executive Committee but this still
did not mark the end of the struggle for responsible government in the West.
The Lieutenant Governor, as a servant of the Federal Government, still held
great power in the affairs of the North West until 1897 when the Executive
Committee was made responsible to the Legislative Assembly. It was from 1898 to
1905 that the struggle for the attainment of provincial status was waged.
It was through this struggle to establish a
council, then a representative elected council, a Legislative Assembly and,
finally, a responsible government, that the Clerks of the Council and later of
the Assembly worked, always behind the scenes, as advisers to the Members, the
Lieutenant Governor and finally the Speakers. Within the last 109 years there
have been only, eight Clerks of the Council and Assembly: Forget, 1876-1887;
R.B. Gordon, 1888-1901; S.P. Page, 1901-1916; G.A. Mantle, 1917-1939; J.M.
Parker, 1939-1949; G. Stephen, 1949-1960; C.B. Koester, 1960-1969 and G.L.
Barnhart, 1969 to present. Unlike the practice followed in some other
provincial assemblies the Saskatchewan Clerks have not all been lawyers. Forget
was a lawyer but the others include farmers, writers, historians and school
teachers.
The early, Clerks were part-time since there
were virtually. no administrative duties and the session lasted only several
weeks per year. George Mantle had the longest term some twenty-two years under
five Premiers and seven Speakers. George Stephen, a journalist and a writer was
the first fulltime Clerk, in the sense that he did not have an "outside
job." When he was appointed Clerk Assistant in 1927 he also served the
government in many, capacities as editor, speech writer and secretary to
various commissions. By 1949, on his appointment as Clerk, he became a full
time servant of the Legislative Assembly. From this time onward the difference
between service to the Legislative Assembly and government in Saskatchewan
became apparent.
Upon Stephen's retirement in 1960, C.B.
Koester was appointed Clerk. Following the example set by Mantle and Stephen,
he standardized the format of the Votes and Proceedings, helped reform the
Public Accounts Committee, and establish a Regulations Committee to bring
procedures more closely in line with the Westminster model.
In 1966 a Clerk of the House of Commons,
Westminster, Kenneth Bradshaw, became Acting Clerk of the Saskatchewan
Legislative Assembly while Bev Koester was on an educational leave. The close
ties between the Saskatchewan Legislative Assembly and Westminster established
by this exchange remain today.
The present Clerk was appointed in 1969. By
the early, 1970s the Legislative Assembly underwent a major transformation in
its role and activity. The length of the sessions increased dramatically and
the committees branch became active year round. This led to the appointment of
the first permanent Clerk Assistant, Merry Harbottle, 1972 to 1974, followed by
Gwenn Ronyk, 1974 to present. Prior to 1972, during session, the government had
loaned a person to serve as a sessional Clerk Assistant. This practice was
abandoned when the Clerk Assistant position was made permanent.
The growth in size of the department of the
Clerk, due to the increasing needs of members for staff and services led to an
increased administrative role for the Clerk. It also led to the establishment
of an all-party Board of Internal Economy, which reviews the budget and administration
policy for the department of Legislation. Recent developments include an
in-house television service which broadcasts the debates in their entirety
throughout the province, a word processor based daily Hansard and an automated
accounting system.
An attachment program, initiated under C.B.
Koester, has been expanded to the point that two guest Clerks per year are
invited to sit at the Saskatchewan Table and to study parliamentary procedure.
Some of the Clerks have come from Canadian legislatures and others from
Commonwealth parliaments such as Zimbabwe, Sri Lanka and Malawi. These
attachments have been useful learning experiences for both guest and host and
have helped to establish close ties between the Saskatchewan Table and Tables
throughout the Commonwealth.
The 31st Commonwealth-wide conference in
Saskatchewan in the fall of 1985 is another opportunity for members and Clerks
from throughout the Commonwealth to meet, share ideas and plan the future
development of Parliament.
Even though they came from different
backgrounds and academic training all Saskatchewan Clerks have shared a common
interest in the history, of the development of the West and a respect for the
British parliamentary system. It has always been one of the amazing
characteristics of parliamentary democracy, that a group of representatives can
meet under very primitive conditions on the frontier and yet adapt very
sophisticated parliamentary traditions to their needs.
The long tenure and experience of the Clerks
added continuity to the Assembly's procedures. It is because of these early
Clerks that the records of the Councils and the Assembly were kept and the
Rules and Practices of our present Assembly, were developed. These records have
become all the more valuable as prairie historians are beginning to write about
the early history of the province.