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Decentralized Democracy

House Hansard - 43

44th Parl. 1st Sess.
March 22, 2022 10:00AM
  • Mar/22/22 3:16:44 p.m.
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Mr. Speaker, I rise on a point of order concerning the status of the New Democratic Party as an opposition party, following the announcement of a confidence and supply agreement with the Liberal government. To paraphrase Shakespeare, this NDP-Liberal government is a coalition by any other name. While many of our parliamentary procedures refer to recognized parties, others specifically refer to government and opposition parties. This reflects a key feature of constitutional parliamentary government in Canada as explained at page 4 of House of Commons Procedure and Practice, third edition. Our rules referring to opposition parties must be carefully interpreted in light of this backroom deal, which was not been put before voters in last year's election. What does it mean, though, to be in opposition? The Canadian Oxford Dictionary, second edition, defines opposition as: 1. resistance, antagonism. 2. the state of being hostile or in conflict or disagreement. 3. contrast or antithesis. Respectfully, I would have said those definitions did not really describe the NDP yesterday, but they sure do not describe them today. Bosc and Gagnon, at page 35, describes how the House is generally organized. It reads, “Functionally, the House is divided into three groups: the Ministry and its Parliamentary Secretaries, Members who support the government, and Members who oppose the government.” The NDP members are in neither the first group nor in the last group. They are instead members who support the government, just like the Liberal backbenchers. Our well-respected, former clerks of the table go on, at page 35, to quote Sir Wilfrid Laurier, who said: “...it is indeed essential for the country that the shades of opinion which are represented on both sides of this House should be placed as far as possible on a footing of equality and that we should have a strong opposition to voice the views of those who do not think with the majority.” The NDP is now part of a parliamentary majority. I would therefore submit that, by agreeing to participate in the Prime Minister's power grab, the New Democrats have forfeited their rights as an opposition party in this Parliament. There are many procedural implications that arise as a result. Most immediately, it means that we cannot vote this afternoon on the motion moved by the member for Burnaby South that the House debated yesterday. Standing Order 81(13) is relevant here. It begins, “Opposition motions on allotted days may be moved only by Members in opposition to the government”. Put plainly, the member for Burnaby South is no longer a member of the opposition to the government. Therefore, we cannot vote on this so-called opposition motion. Several other rules referring to opposition parties will also require the Chair's interpretation. Paragraph 50(2)(b) of the Parliament of Canada Act provides seats on the Board of Internal Economy for each party with 12 MPs “in opposition to the government”. Therefore, it would seem that the member for New Westminster—Burnaby would no longer be a member of the board. It also seems that neither the member for Gatineau nor the member for Brampton North, who hold the balancing government seats on the board, would continue to be members. Standing Order 33, concerning ministerial statements, states, “A member from each of the parties in opposition to the government may comment briefly thereon.” Standing Order 106(2), concerning committee chairs and vice-chairs, provides that each committee's second vice-chair “shall be a member of an opposition party other than the official opposition”. By definition, that would now only be the members of the Bloc Québécois. Standing Order 81(4), concerning main estimates referred to committees of the whole, requires that the leader of the official opposition consult “with the leaders of the other opposition parties” on which departments are so referred. Does the government's coalition partner get a say? The list goes on. It also follows that we must revisit the uncodified practices of the House in light of these new arrangements. In particular, the allocation of oral questions heavily favours opposition parties. Are the NDP questions now to be treated as lobs, just like those three that Liberals get daily already? Also, should the NDP members be vacating the opposition lobby in the room behind me and joining their coalition partners over in the government lobby? There are also committee matters to consider, such as the modified quorum rules some committees adopt, sequences for committee witnesses, questioning, and even the seating arrangements at committee tables. These are very important interpretations that are required to allow our parliamentary system to function how it is intended to. There is very little precedent for the Speaker to rely on, because that is how unprecedented this situation is in federal politics. The closest parallel I could offer the Chair is the situation following the 1921 general election when the upstart Progressive Party captured the second-largest number of seats in the House. Many Progressives wanted to form a coalition government with Mackenzie King's Liberals, who fell short of a majority. Though in the end the Progressives did not join the cabinet, they were largely supportive of the government and, accordingly, declined the opportunity to form the official opposition since they frankly were not in opposition at all. Just as the 1921 election produced a comfortable arrangement for the Liberal minority government, so too did the election of 2021. We must be guided by the practical and pragmatic conclusion it offered that a party openly supportive of the government is simply not an opposition party. Therefore, I would ask that the Speaker interpret the rules of the House in a way that recognizes that the New Democratic Party has ceased to be an opposition party and that the House cannot vote today on the motion that was debated yesterday.
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