The Canadian House of Commons: Essays in
Honour of Norman Ward, edited by John C. Courtney, Calgary, University of
Calgary Press, 1985, pp.xv, 217.
This festschrift, edited by John Courtney,
honours his colleague Norman Ward on his retirement after 40 years teaching
political science at the University of Saskatchewan. As the selected
bibliography by Shirley Spafford makes clear, Norman Ward has been faithful to
his calling, producing a steady stream of books, articles and government
reports or four decades. There is more to come, including the 6th edition of
The Government of Canada, and the biography of James G. Gardiner which he and
David Smith are writing jointly. Such an achievement richly deserves the
recognition that this volume provides.
Legal scholars assessing court decisions
often employ the cogent phrase 'judge and company' to remind the reader that
judges do not toil alone, but are ultimately dependent on legal counsel, law
professors and the whole infrastructure of learning and legal procedure from
which judicial decisions are crafted. Those who 'work' parliament and
federalism in Canada are also sustained and guided by their own goodly
'company'. For parliament, especially the House of Commons, Norman Ward has
long played a supportive role by contributing an extensive and sympathetic
literature to its understanding.
As John Courtney notes in his introduction,
our confederation discontents over the last two decades have directed political
scientists to federalism, French-English relations and the constitution. This
volume, focusing on Canada's principal representative institution, is designed
to redress the balance by exploring the House of Commons from various
overlapping perspectives. The theme, as summarized by Eugene Forsey is that
"the influence of the House of Commons has diminished, is diminishing and
ought to be increased." (195)
Collectively, the introduction by the
editor, the postscript by Forsey and the eight substantive chapters reveal the
complexity of the arrangements and norms which combine to fashion the behaviour
of the 282 MPs who populate the more democratic House of our bicameral
parliament. Central to that behaviour, as Paul Thomas convincingly argues in an
impressive essay on "Parliamentary Reform Through Political Parties"
is the political party. Most actions by individuals in the cabinet
parliamentary system are "forms of party behaviour," (43) a thesis
supported in David Smith's study of James G. Gardiner who "was nothing if
not partisan," and for whom loyalty to the Liberal Party was "his
categorical imperative. "(70) In a subtle chapter focusing on the
organization and role of parties in parliament, Thomas views parties as
"organic entities" (45) not amenable to easy manipulation. Reformers,
accordingly, should work with the grain of parties if they wish to prevent the
frustration of their efforts. Thus the relative failure of committee reform to
produce the desired results is explained by the strength of parties. "Strong
parties and strong committees," he asserts, "cannot coexist."
(51) Thomas does, however, document a significant enhancement of the role of
caucus as a vehicle giving MPs increased influence over the party leaders.
In recent decades the electoral context in which
parties compete has been extensively modified by legislation dealing with the
financing of elections and the determination of constituency boundaries. Two
thorough essays by John Courtney and E. Leslie Seidle provide detailed analyses
respectively of "Canadian Electoral Boundary Commissions and the
Australian Model," and "The Election Expenses Act". Both the
electoral boundaries commissions established in 1964 and The Election Expenses
Act of 1974 have been successful reform efforts, enhancing the legitimacy of
the House of Commons by enhancing the integrity of the election process from
which MPs emerge.
A more recent change, the Canadian Charter
of Rights and Freedoms and the roles it offers to legislatures and courts are
explored by W. R. Lederman. Although the Charter clearly enhances the relative
role of the courts, he rebuts the common tendency to see the Charter as an
instrument which sets legislative bodies and courts on a collision course.
Rather, he sees courts and legislatures as partners in the task of delivering
justice under the rule of law to the people. By this he means that these
differently constituted institutions participate in a division of labour
designed to support "the better standards of a free and democratic
society" (108) which the Charter has contributed to our political
practices. In the Lederman chapter there is not the slightest hint of a view of
the Charter as an unwelcome or alien intrusion into a system historically built
on the principle of parliamentary supremacy.
In the period in which support for the
Charter was being mobilized, being a Member of the House became a fulltime
occupation as sessions lengthened. Members of Parliament, notes John Stewart,
in his chapter "Commons Procedure in the Trudeau Era," have acquired
"offices, facilities and services commensurate with fulltime
jobs"(39), including a paid office in their constituencies. Stewart
analyses the 1968-69 procedural changes of the Trudeau era and concludes that
they were not fundamental, and that the goal of greatly increasing the power of
the House of Commons will require further steps, which he outlines, by the
Mulroney government. (This chapter was written before the McGrath Report and
the government response.)
In the last few decades the parties were
affected not only by legislation designed to enhance the integrity of the
election process, but also by the new television technology which has grown in
significance in the last quarter of a century. The modern question period,
asserts, C.E.S. Franks, is a child of the television age. Equally, adds John
Meisel, are modern elections. Although the reach of his analysis is much
broader than the impact of television, in his chapter "The Boob-Tube
Election: Three Aspects of the 1984 Landslide, "Meisel attributes great importance
to television, especially the three debates among the leaders of the parties,
in influencing the election outcome.
Turner clearly lost ground in the debates,
particularly under Mulroney's accusing finger and the assertion that he could
have rejected the patronage appointments bequeathed to him by Trudeau. Meisel's
attribution of causal significance to television in the election outcome is
accompanied by a concern over the simplifications and distortions to which it
leads. He recommends establishing a parliamentary committee to explore ways of
minimizing the drawbacks and enhancing the promise of television debates.
Nearly all the chapters have a contemporary
focus, with the exception of David Smith's chapter on "Cabinet and Commons
in the Era of James G. Gardiner". This chapter, part of the larger
Gardiner project on which he is engaged with Norman Ward, is designed to bring
some subtlety to the discussion of the role of regional ministers which, Smith
suggests, has been naive. To Gardiner, "Cabinet conceived primarily as a
collection of regional spokesmen would elevate the diversity he considered
natural in a federal country to an intolerable level, at the expense of the
unity which party government required and cabinet decision-making made possible."
(70) Smith's thesis is that Gardiner's regionalism was embedded in his
nationalism, both of which were reconciled by the integrating capacity of the
Liberal Party he loyally served.
The most provocative chapter is somewhat
innocuously headed "The 'Problem' of Debate and Question Period," by
C.E.S. Franks. Franks sheds considerable light on these two processes by
analysing them from three perspectives as a game, as a policy process, and,
most creatively, as literature. As a policy process Franks claims that a
combination of a centralized and secretive style of cabinet decision-making,
with a resultant absence of public preparation for major policy changes, places
a heavy burden on parliament to mobilize consent, a task for which it is
ill-suited. The problem is compounded by the general policy incapacity of the
parties which means that elections do not produce policy mandates for their
winners but, especially in the case of new governments, baffled victors devoid
of any sense of direction they wish to impart to the country. For Franks, the
House of Commons, in spite of party discipline and centralized direction from
the political executive, is far more congenial to the particularism of
organized interest groups than to a more general public interest. From this
perspective, Franks sees the royal commission process, "precisely because
it [is] outside the secretive enclosed structure of the executive, [as] ... an
effective tool for mobilizing consent." (12) Clearly, however, royal
commissions can be no more than a supplement to the policymaking process, not
only because they are intermittent, but also because they disappear after
submitting their reports to government, and hence are dependent on the
political process, which Franks castigates, for the implementation of their
recommendations. Franks' concern about the deficient integrating capacity of
parties and parliament is shared by John Meisel. Meisel fears that single-issue
politics, as exemplified by the third television debate of the 1984 election,
which was organized by the National Action Committee on the Status of Women
could, if extended to other groups, "seriously undermine t e capacity of
politicians to fashion accommodation and consensus over time". (175)
To stand back from these provocative
chapters by individual authors and assemble some cumulative impressions of
their academic assessments of the House of Commons is to be struck by several
phenomena.
First, those who read this volume will not
be allowed to forget that the House of Commons belongs to its members, not to
the Canadian people. Thomas reminds us of the centrality of party interest to
which reforms must adapt; Stewart supplements the warning by noting that the
reforms with the most likelihood of implementation are those which "make
life easier" for the members; and it has become a truism that the
possibility of getting proportional representation in whole or in part,
whatever its merits, will run up against the self-interest of those who got
into the House under the existing first-past-the-post system.
Second, John Courtney's distinction in the
introduction between the relative success of reforms to improve "the
'getting there' aspect of Canadian parliamentary politics" contrasted with
the lesser success of those addressed to 'certain critical aspects of 'being
there. (xv) is unquestionably valid, although the contrast may be too starkly
portrayed. Meisel's concern about single-issue television debates indicates
that 'getting there' needs continuing attention. The women's movement,
conscious of the gender ratios in the House, would doubtless also challenge the
assertion that 'getting there' is in good shape. Frank's concern about the
inability of elections in the Canadian context to produce policy mandates for
their victors, and to even minimally educate the electorate in the realities
the country faces is a further weakness in the 'getting there' process.
Finally, of course, unless 'being there' is seen as a worthwhile, dignified
activity there will be a decline in the quality of those prepared to go through
the hoops of 'getting there'.
Third, there is a general contrast between
the assessment of the House of Commons devastatingly summed tip by Franks:
'Government, opposition and Parliament alike are brought into disrepute by the
prolonged, brutal, boring, degrading and generally unproductive parliamentary
processes" (15) and the affection which the authors clearly feel for it.
Years of commentary have produced a formula for those who write of its affairs:
it is to be approached with a combination of affection, concern, and
exasperation mixed with recommendations for improvement, and doubts that they
will be implemented. The crucial question is, what keeps alive the idealized
version against which actual performance, somewhat indulgently, is measured;
and what would happen if the idealized version came to be seen as an irrelevant
sentimental nostalgia? In addition to the sheer inertia derived from history,
the status of the House of Commons is sustained as much by the rose-coloured
lenses through which it is viewed as by its actual performance. What would
happen if its nagging admirers became disenchanted? Some time ago Richard
Crossman suggested that the British House of Commons was becoming part of the
dignified rather than efficient machinery of government. It is not evident that
the Canadian House of Commons would receive more favourable evaluations if it
were judged in terms of dignified rather than efficient criteria.
Fourth, a volume such as this is inevitably
forward-looking. Those who propose reforms presuppose a future to which they
will apply. However, the particular chapters in this volume make little attempt
to discern the nature of the future in which the House of Commons of the twenty-first
century will exist, and therefore of the demands that will be placed on it.
This Oakeshottian approach of "keeping the ship afloat" by attending
to the needs of the moment has its virtues. On the other hand, there seems
little doubt that the future will not lighten the burden on government.
Whatever the return to the market achieved in response to neo-conservative
sentiments it is probable, indeed almost certain, that the demands on the
Canadian government for leadership and co-ordination in both domestic and
international arenas will increase. The world is not going to become an easier
habitat for nations and states to live in. Over the long haul, the struggle
among the institutions of government for influence, as well as among nations
and states, is Darwinian. Will the House of Commons be adequate to that future
challenge? The answer, which is not provided by this unusually rewarding
collection of essays, is not self-evident.
Norman Ward should be pleased by these
essays in his honour, and John Courtney is to be congratulated for bringing
together such a stimulating collection. They are uniformly of high quality. The
book, inexpensively priced, would be a suitable supplementary text for a course
focusing on the House of Commons.
Alan C. Cairns, Department of Political Science, University of
British Columbia