Sunday, October 17, 2021 Getting ready for the return of Parliament With Parliament not set to return until Nov. 22, there is plenty of time for Prime Minister Justin Trudeau to decide whether he wants to go it alone in his minority government or strike a formal agreement with the NDP. Senior Writer Aaron Wherry takes us down memory lane and through the pros and cons of governing with a partner.
While the resumption of business in the House of Commons is still weeks away, Trudeau announced Friday that he will reveal his new cabinet on Monday, Oct. 26. To prime you for cabinet day, Senior Writer Peter Zimonjic has laid out some interesting facts about how cabinet remained a functioning entity throughout the writ period — and who, surprisingly, is still a member of cabinet. | | | | Bargain or 'blackmail'? Why the Liberals might be wise to do a deal with the NDP | Aaron Wherry, Senior Writer, CBC Parliamentary Bureau | | | | Is anyone ready to trade the constant threat of an election call for actual accomplishments in government?
After the Ontario election of 1985, Bob Rae went looking for a way to avoid what he called the "day-to-day blackmail bullshit" of minority government.
The result was a unique accord between David Peterson's Liberals and Rae's NDP which saw the New Democrats (with 25 seats) formally agree to support a Liberal government (with 48 seats) on a series of specific initiatives for a period of two years.
Such arrangements remain rare in Canadian politics. For the most part, whenever an election fails to produce a majority government, the governing party and the opposition parties proceed to engage in the "day-to-day roulette of minority government," as Rae described it in his autobiography, From Protest to Power. Each new measure put before Parliament becomes a game of chicken fought on the basis of whether anyone is willing to force an election.
But if — at the federal level, at least — minority Parliaments are now likely to be the rule rather than the exception, it might be time for the major parties to agree with Rae's contention that there are better and less exhausting ways to run a democracy.
And perhaps the Peterson and Rae accord could serve as inspiration for Prime Minister Justin Trudeau and NDP Leader Jagmeet Singh.
In 1985, shared priorities gave the Liberals and NDP a solid basis for working together. "When we came to negotiate between the two parties, we had enough to fill up several legislative agendas that we could agree on," Herschel Ezrin, Peterson's chief of staff, told me in 2015.
The resulting agreement covered a range of progressive priorities, including employment for young people, housing, elder care, child care and pensions. | | | Liberal Leader Justin Trudeau and NDP Leader Jagmeet Singh shake hands following the federal leaders' French language debate in Gatineau, Que., Thursday, Oct. 10, 2019. (Adrian Wyld/The Canadian Press) | | No surprises But the parties also made a deliberate effort to communicate with each other over those two years.
"We were careful not to give them any view that we were somehow trying to do something that had not been agreed to. We introduced other pieces of legislation that hadn't been on the list, but the point was we never tried to do anything that was a surprise," Ezrin said. "This was no drama. There was a lot of time expended on maintenance."
In terms of both policy and process, there are echoes of the 1985 accord in the 2017 agreement in British Columbia between the province's NDP and Greens. That 2017 deal stated that it would establish "a new relationship between the two parties, founded on the principle of 'good faith and no surprises.'"
In both cases, those deals might have seemed more necessary because the parties with the second-most seats in the legislature (the Ontario Liberals in 1985 and the B.C. NDP in 2017) were looking to defeat and replace incumbent governments after an election. Practically, the need to guarantee the support of the third party was obvious. Politically, it was important to project stability.
Those same conditions won't be present in the House of Commons that convenes in Ottawa on November 22. The Liberals are relatively ensconced in government, they have more than one potential bargaining partner and the other parties aren't manoeuvring to replace them immediately.
Canadians want a Parliament that works But one of the messages of last month's election was that Canadians aren't particularly interested in seeing politicians campaign right now. What they seem to want instead is for MPs to get things done.
And however much the Liberals and NDP disagree about methods, they agree broadly when it comes to which issues the federal government should focus on: inequality, climate change, reconciliation and improving public support programs like child care and long term care.
For the Liberals, the benefit of such an agreement could be a chance to get more things done over the next two or four years than they could by negotiating issue-to-issue. In addition to establishing a clear agenda, an accord might make it easier for the government to get around the sorts of opposition stalling tactics that are more easily employed in a minority Parliament.
| | | After the 1985 election, the NDP's Bob Rae signed a two-year accord with Liberal Leader David Peterson under which the Liberals would form government with the NDP's support in exchange for implementing a number of NDP policies. (The Canadian Press) | If such an accord were to succeed, New Democrats could eventually claim some credit for a particularly activist period in federal government. They also would want to come away with a few accomplishments they could point to as having happened only because they were involved.
Naysayers on the NDP side might point out that Peterson's Ontario Liberals won a huge majority after the accord concluded in 1987. But Rae's NDP went on to win its own majority in 1990 — the one and only time the party has formed a government in Ontario.
For now, this all seems to be entirely hypothetical. The Prime Minister's Office said Friday that Trudeau will speak with the other party leaders next week, but an NDP source says they haven't yet heard from the government about any plans for how Parliament will work. The same source says the party thinks the last Parliament worked well without a formal accord.
New Democrats did come away from the last Parliament claiming they had moved the Liberals on several fronts (the Liberals might debate the details of some of those claims). They might be content to let the new Parliament play out again as a rolling series of battles and bargains.
The Liberals might be happy to do likewise. On any given issue — and for the next while — they might find that most MPs are unwilling to trigger an election by defeating government legislation on a confidence vote.
But perhaps there's a better way to get things done in a parliamentary democracy — one that involves less of the "day-to-day blackmail bullshit." | | | | | If the PM is swearing in his new cabinet on October 26, who’s running the country now? | Peter Zimonji, Senior Writer, CBC Parliamentary Bureau | | | | The answer to that question is simple: the prime minister and his cabinet.
While the House of Commons is effectively dissolved when an election is called, the prime minister and cabinet ministers remain in their roles until new ministers are appointed or a new prime minister is sworn in.
During the writ period, the cabinet and the prime minister continue to govern the country under the “caretaker convention.” Governments serving under this convention can deal with ongoing issues or address any crises that arise during the writ period, but they must act with restraint.
This means governments can deal with issues that are routine, non-controversial, or need urgent attention because they are in the public interest — but any steps taken by governments during the writ period also must be easily reversible by a new government.
The caretaker period begins when a government either loses a confidence vote in the House of Commons or Parliament is dissolved. The period ends when a new government is sworn in or it's clear that the existing government has been reelected.
In the recent election, for example, Bernadette Jordan, Maryam Monsef and Deb Schulte — who were serving respectively as ministers of fisheries, gender equality and seniors — lost their reelection bids. They still retain their cabinet positions until new ministers are sworn in on October 26.
The Prime Minister’s Office has confirmed that all three — in addition to Catherine McKenna, the former infrastructure minister who chose not to run for reelection this year — remain cabinet ministers.
Mel Cappe, the former clerk of the Privy Council, told CBC news that while these individuals remain in charge, their deputy ministers can exercise almost full authority over their ministries and departments.
While it’s customary for cabinet ministers to be either members of Parliament or senators, people who are not can remain in or be elevated to cabinet — but they’re expected to secure seats in either the House of Commons or Senate as soon as possible.
On Jan. 25, 1996, then-prime minister Jean Chretien appointed Stéphane Dion minister of intergovernmental affairs and picked Pierre Pettigrew to be the minister for international cooperation; neither individual had a seat in the Senate or the House of Commons. Dion and Pettigrew were elected March 25 that same year in byelections that were held in safe Quebec Liberal ridings.
Gen. Andrew McNaughton was appointed minister of national defence in 1944 and held the post for nine months. He stepped down after twice failing to win a seat in the House. | | | Bernadette Jordan, who lost her seat in the 2021 federal election remains the minister of Fisheries and Oceans until a new minister is sworn in Oct. 26. (Andrew Vaughan/The Canadian Press) | | | | | Optional Caption (credit) | | More from CBC Politics | | | Forty-nine rookie MPs will be seeking to make their mark when the minority Parliament resumes this fall, while two familiar faces defeated in 2019 — Liberals Randy Boissonnault and John Aldag — are returning to the House of Commons after successful political comebacks. Read more | | | | | A number of the federal government’s pandemic supports for individuals and businesses are set to come to an end this week. Most of them can still be extended for the short term without introducing new legislation. Read more | | | | | Share this newsletter | | or subscribe if this was forwarded to you. | | | |