44th Parl. 1st Sess.
December 4, 2023 11:00AM
- Dec/4/23 12:07:37 p.m.
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Mr. Speaker, I am rising on a very serious matter today. As you know, I have provided notice of a question of privilege concerning the Speaker's public participation in partisan events over this past weekend.
I do note that, in his statement earlier today, the Speaker indicated that he has recused himself from this matter, which clearly touches upon him and his conduct. He has also indicated that he will follow the practices laid down in the October 19 ruling concerning recusals by the Speaker found at page 17635 of the Debates.
I recognize that, in some instances, complaints about the Speaker, and more particularly those concerning rulings, should proceed by way of a motion placed on notice, but I believe the current circumstances amount to such a breach of the impartiality of the Chair that it warrants immediate and priority consideration by the House.
Saturday morning's Globe and Mail article entitled “John Fraser finishes his time as interim Ontario Liberal leader as party elects permanent replacement”, written by Laura Stone, rather remarkably quotes the Speaker. I will read the relevant paragraph:
'He’s demonstrated so much calm, and conviction and resolve and determination, and he’s held it all together at a very challenging time [for] our party'...the Speaker of the House of Commons...first met Mr. Fraser in 1989 while working in Ottawa. He said Mr. Fraser will be remembered for 'experience, good judgment and a real passion, and authenticity.'”
In any event, the partisan engagement did not stop there. That afternoon, he appeared via video at the leadership election for the Ontario Liberal Party. Here is a sample of what he had to say in his two-minute video greeting as part of the tribute to Mr. Fraser. He said, “And boy, did we have fun. We had a lot of fun together...through the Ottawa South Liberal Association, through Liberal Party politics, by helping Dalton McGuinty get elected. This was really a seminal part of my life. And when I think of the opportunities that I have now as being Speaker of the House of Commons, it's because of people like John”.
These remarks were introduced to the Liberal convention as, “A message from the Speaker of the House of Commons of Canada.”
He made these remarks from the Speaker's office in the West Block while dressed in his Speaker's robes. As bad as it would have been to appear at a party convention at all, it might have at least been a little different if he had been introduced as the member for Hull—Aylmer, and worn a suit or a sweater, while standing in front of a scenic backdrop in his riding, but he was not. He was standing there in the full, non-partisan trappings of his non-partisan office, paying a partisan tribute to a partisan friend at a partisan event.
I recognize that Mr. Fraser tweeted yesterday that there could have been some confusion about what the Speaker's office was told about where the remarks were to be shown, but it does not change one iota the fact that he was dressed in his Speaker's gowns standing in the Speaker's office making a partisan tribute video to be viewed somewhere.
Similarly, Mr. Fraser's tweet does not address the Globe and Mail interview I just read where he offered partisan praise for Mr. Fraser. If you do an interview with the Globe, quite frankly, you should expect to see your comments printed and posted for all to see. This conduct is simply unacceptable. It defies all long-standing traditions and expectations attached to the high office of the Speaker.
Late yesterday afternoon, the Speaker's office released a statement in his defence claiming, “the Speaker acknowledges how this message could have been perceived”. This is it exactly. Perception is everything.
House of Commons Procedure and Practice, 3rd edition, explains at page 323, “the Speaker embodies the power and authority of the office, strengthened by rule and precedent. He or she must at all times show, and be seen to show, the impartiality required to sustain the trust and goodwill of the House.”
Continuing on the next page, it states, “In order to protect the impartiality of the office, the Speaker abstains from all partisan political activity (for example, by not attending caucus meetings), does not participate in debate and votes only in the event of an equality of voices, normally referred to as the 'casting vote' of the Chair.”
Beauchesne's Parliamentary Rules and Forms, 6th edition, adds, at citation 168(1):
The chief characteristics attached to the office of the Speaker in the House of Commons are authority and impartiality.... Confidence in the impartiality of the Speaker is an indispensable condition of the successful working of procedure, and many conventions exist which have, as their object, not only to ensure the impartiality of the Speaker but also, to ensure that there is a general recognition of the Speaker's impartiality.
That passage originates from the United Kingdom's parliamentary bible, Erskine May, and can be found virtually word for word in its 25th edition at paragraph 4.23. Beauchesne's continues at citation 168(2):
In order to ensure complete impartiality the Speaker has usually relinquish all affiliation with any parliamentary party. The Speaker does not attend any party caucus nor take part in any outside partisan political activity.
As a former Speaker myself, I understand completely what this means because I lived it for four and a half years. That is why I was absolutely flabbergasted when a photo of his participation at the Liberal convention was first drawn to my attention. I am still, 48 hours later, deeply appalled and, frankly, deeply offended.
Having served in the chair, I wholeheartedly appreciate that Speakers do not arrive there through some form of immaculate conception. Speakers have all been politicians before being elected to the chair, and some of us have even gone on to further partisan service after our tenure in the chair. Bosc and Gagnon acknowledge this point at page 314:
The Speaker has almost always been elected from among the Members of the governing party, and although the Speaker eschews partisan political activity, he or she does not make a complete break. When running for re-election, incumbent Speakers are usually careful to avoid partisan statements that might prejudice their perceived impartiality in the future.
The impartiality of the Speaker is not unique to our federal Parliament. Indeed, it is a common sentiment throughout the Commonwealth. In addition to the authority I already referenced from the U.K., where the Speaker leaves partisan politics for the rest of his or her life, let me cite a few others for the Chair's consideration.
Parliamentary Practice in New Zealand, 4th edition, which is also known as McGee, advises at page 78:
The member who is elected Speaker does not thereby become a non-party member of Parliament. However, the Speaker does not play a politically partisan role, and exercises restraint in the speeches or comments he or she makes outside the House. The Speaker must be prepared to assert an independence from the Government to ensure that the rights of all sides of the House are protected in the course of the parliamentary process.
The Indian Lok Sabha's Practice and Procedure of Parliament, 7th edition, adds, at page 107:
While the Speaker stands on party ticket for his election to the House, he may or may not continue to be the member of his party after his election as Speaker. Even when he does not sever connections with his party, he has refrained from attending any party meeting. However, a convention has, more or less, developed at the Union for the Speaker to dissociate himself from his party.
The same text observes, at page 306, that:
Office of the Speaker, Lok Sabha, is a constitutional office and enjoys exalted status in our democratic set up. Though it is not necessary for the Speaker under the Constitution or the Rules of Procedure to sever his connections with the political party to which he belongs, once he is elected to the Office, he, while conducting the House nevertheless acts in totally impartial manner. Impartiality is, therefore, an integral attribute vis-á-vis the Office of the Speaker.
Turning back closer to Ottawa, Parliamentary Procedure in Quebec, 3rd edition, makes this astute point at page 132:
While the legitimacy of the Chair stems primarily from the rules that govern the selection process, the impartiality of the Chair is essentially determined by the attitude adopted by the President in the exercise of the functions of office. Of course, the rules of parliamentary procedure state that the President does not belong to any parliamentary group, does not participate in any of the Assembly’s debates and votes only to break a tie, but it is the manner in which the incumbent oversees the proceedings and follows those rules that determines whether actual impartiality and the appearance of impartiality are maintained.
The universally expressed point here is that, while the Speaker is vested with the responsibilities of being the Speaker, he is expected to check his partisanship at the door. It can be difficult, but it must be done.
In a recent interview on CTV Question Period, the Speaker claimed it took “all of 60 seconds” to shed his decades of Liberal sensibilities and political bias upon becoming Speaker. This weekend's events call that into doubt.
Yesterday, the Speaker's office said he would be more “diligent going forward”. The House needed his total and complete diligence since day one. This is not the first communications challenge during his brief tenure as Speaker in which his diligence would have been helpful. I am recalling how a teenaged blogger noticed, 10 days before the House, a procedural decision he had taken.
About 35 years ago, he was one of the pages, upon whom this House truly relies to function smoothly. Back when he was a page, had he participated at openly partisan events, he likely would have been fired. What message does this send to today's pages, that the Speaker of the House, the one who is supposed to embody impartiality and devotion to the whole House, can be involved in political party conventions?
This conduct, in my view, should be treated as a prima facie contempt of the House.
Bosc and Gagnon explain, at page 60:
Any conduct which offends the authority or dignity of the House, even though no breach of any specific privilege may have been committed, is referred to as a contempt of the House. Contempt may be an act or an omission; it does not have to actually obstruct or impede the House or a Member, it merely has to have the tendency to produce such results.
At page 81, they continue:
Thus, the House also claims the right to punish, as a contempt, any action which, though not a breach of a specific privilege: tends to obstruct or impede the House in the performance of its functions; obstructs or impedes any Member or officer of the House in the discharge of their duties; or is an offence against the authority or dignity of the House....
The House of Commons enjoys very wide latitude in maintaining its dignity and authority through the exercise of its contempt power. In other words, the House may consider any misconduct to be contempt and may deal with it accordingly.... This area of parliamentary law is therefore extremely fluid and most valuable for the Commons to be able to meet novel situations.
There are no precedents in our House nor are there any obvious precedents from our sister parliaments, which are directly on point for the issue I raise today, possibly because no Speaker in the major Commonwealth parliaments has been so bold as to participate openly at partisan events and certainly not doing so as distinctly and visibly as the Speaker. That is, as I have just explained, not a barrier.
There is, however, one ruling from Speaker Fraser, in front of whose chair the Speaker once stood as a page, that is strongly persuasive in these circumstances. In 1993, the then deputy speaker Andrée Champagne had agreed to act as the co-chair of her party's convention. A question of privilege was raised arguing that her decision amounted to a contempt of the House because it affected the appearance of impartiality attached to her office, as she was the deputy speaker.
Speaker Fraser ruled on March 9, 1993, at page 16685 of the Debates, that this situation did not amount to a prima facie case of privilege because: “I have some difficulty in agreeing with the hon. member for Cape Breton—East Richmond that the Deputy Speaker is cloaked with the same exigencies that are expected of the Speaker himself or herself, and I am deliberately careful in not extending such a responsibility by way of ex cathedra comments in this decision.”
This ruling, I believe, stands for the proposition that the Speaker's participation at a partisan convention would, on the other hand, have amounted to prima facie contempt in Speaker Fraser's view.
He is clearly saying, in that ruling, that the expectations and the very high bar set upon the Speaker did not apply to the Deputy Speaker but, in making that explanation, he acknowledges and reinforces the idea that it would be wholly inappropriate for the Speaker to do what the former deputy speaker did in that situation.
Many of our rules and practices here operate on a binary basis. For example, I cannot call a colleague a liar because everyone is presumed to speak the truth. Therefore, every member has a corresponding obligation to tell the truth in the House. Similarly, the rulings of the Speaker and any comments on the partisan implications they may carry would be impermissible. That is because the House is entitled to assume that the Speaker would be wholly non-partisan while holding that office.
McGee sums up the point well at page 79:
The Speaker's exalted position and the consequent constraints it imposes require members to treat the Speaker or any other temporary occupant of the Speaker's Chair with respect and deference.
If the Speaker openly engages in partisan conduct, it opens the door to public analysis of any partisan motivations underlying his rulings. I can assure members that, despite a mere two months in the chair, that would not be a difficult feat.
Australia's House of Representatives Practice, seventh edition, at page 168, articulates the point well. It reads:
The Speaker must show impartiality in the Chamber above all else. A Speaker should give a completely objective interpretation of standing orders and precedents, and should give the same reprimand for the same offence whether the Member is of the Government or the Opposition....
Members are entitled to expect that, even though politically affiliated, the Speaker will carry out his or her functions impartially. Likewise a Speaker is entitled to expect support from all Members regardless of their party.
After this weekend's events, the implied contract between the Speaker and the House, which relies on mutual trust, has been broken. It would be very difficult for members to retain trust in a Speaker who engages in partisan activities.
As Bosc and Gagnon wrote, in the very first citation I offered:
He or she must at all times show, and be seen to show, the impartiality required to sustain the trust and goodwill of the House.
Should I be permitted to present my privilege motion, I will propose that the House denounce the Speaker's public participation in partisan events and, accordingly, ask the procedure and House affairs committee to recommend an appropriate remedy for this utterly unprecedented and completely avoidable problem.
I just want to address a few other points, in light of the Speaker's statement earlier today. First of all, many members of Parliament find themselves in the Speaker's chair after they have demonstrated their impartiality or non-partisanship for some time. Often, someone has served as the assistant deputy or deputy speaker and shed some of the partisanship that we often come to this place with as newly elected MPs.
In the case of the current Speaker, after being the former president of the Liberal Party and the Prime Minister's own parliamentary secretary, he entered the chair with a great deal of partisanship still surrounding him. Therefore, it would be incumbent upon him to go the extra mile, go beyond what a speaker elected under normal circumstances would do. He would have to set the bar even higher for himself, knowing that he has come so quickly from hyperpartisan activities. To be the president of a party is not just normal partisanship. To be the Prime Minister's parliamentary secretary obviously establishes a very close relationship with the leader of the Liberal Party, the Prime Minister of Canada. He has taken on a role now in which he is called upon to defend the rights and privileges of each individual MP, and it would take a conscious effort for members to set aside his recent partisanship.
In one of his first interventions in the House upon being elected as Speaker, the Speaker accused a female member of Parliament from the NDP of exaggerating her injuries when she was elbowed in the chest by the Prime Minister. Right there, we can see an immediate reaction to defend the Prime Minister. Now we are being asked to accept his rulings without any doubts about partisanship or bias.
Just recently, we had a situation that was very difficult for many members to understand. The Speaker ordered the Conservative member for Miramichi—Grand Lake not just to withdraw comments but also to actually apologize in the chamber for making an association between a political party and an odious entity abroad that is conducting horrible activities, namely, Hamas. A few days later, the government House leader made a very similar accusation against Conservative MPs; in that situation, the Speaker did not order an apology, saying that he considered the matter settled. In the moment, we were asked to accept that it was the Speaker's ruling based on precedent, convention and an unbiased understanding of the rules. Then we see him, just a few days later, giving remarks to the Liberal convention.
I have more points based on the Speaker's statements today. He said he did not know where it was going to be broadcast. As we pointed out, he gave an interview to the Globe. Obviously, that was going to be printed in The Globe and Mail. I have already covered the fact that he was wearing his robes in his office, but I will also point out that John Fraser is not retiring. He is just leaving his role as interim leader and going back into partisan activities.
An hon. member: Really?
Hon. Andrew Scheer: Yes, he is still going to be an MPP.
Mr. Speaker, despite the fact that the Speaker and Mr. Fraser might be close acquaintances and may think fondly of each other, it is not as though John Fraser was filling a non-partisan role. He was playing a very partisan role in partisan politics at the provincial level in Ontario.
The House might decide that it would like to see any correspondence between the Speaker's office, the Speaker himself, Mr. John Fraser, the Liberal Party of Ontario and the convention organizers. We might decide collectively, as a House, in the procedure and House affairs committee, that we would like to see correspondence to determine if that is, in fact, accurate.
To conclude, because of the seriousness of this issue, I would urge the Chair to rule immediately. I invite you, Mr. Speaker, if necessary, to suspend the sitting to take counsel from the clerks and to prepare your ruling.
I thank you for listening, Mr. Speaker. I believe there are other members who would like to intervene. I would like to reserve the right, if there are comments from other parties, to seek the floor again to offer my reflections on those commentaries.
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