But Conservatives are lionhearts next to the opposition. Recall again Parliament’s last act before it was prorogued. It was to pass an extraordinary motion ordering the government to hand over all papers related to the Afghan detainees affair, citing Parliament’s “undisputed privileges” under the Constitution, “including the absolute power to require the government to produce uncensored documents when requested.” The motion could not have been clearer; neither could the stakes. Either the government of the day is obliged to bend to the will of Parliament, or it is not. Either we live in a parliamentary system—in a democracy—or not.
And so, the government having thumbed its nose at Parliament in the most forceful way, one should naturally expect opposition MPs to back up these stirring words with actions. As Maclean’s went to press, a week after Parliament’s return, they had done nothing, other than to repeat their demand. “Stop, or we’ll shout ‘stop’ again.”
To be sure, the Liberal MP Derek Lee, who as it happens has particular expertise on this subject (see his seminal 1999 work, The Power of Parliamentary Houses to Send for Persons, Papers and Records) has been pressing the issue. Lee has been seeking leave from the Speaker to raise a question of privilege, which if granted would allow him to put forward a motion finding the government in contempt of Parliament, and instructing the sergeant-at-arms to seize the documents in question.
(By the time this appears, he may even have done so. It will depend on whether the government shows any inclination to hand over the papers on its own, for example in the terms of reference given to former Supreme Court justice Frank Iacobucci, whom it has asked to advise it on the matter. At press time these remained murky.)
But it’s far from clear whether, if it does come to a vote, his party will back him. You can tell when the opposition isn’t serious about an issue: they get hysterical about it. A media report quoting a lefty prof’s uncorroborated claims about the documents’ contents set them baying like hounds one day. Another report, revealing that—horrors—Canadian intelligence officers had questioned Afghan prisoners (isn’t that what we hire them for? to gather intelligence?), led to even more exaggerated outbursts, as if this in itself proved complicity in torture.
No. There is only one way to resolve this question, and that is for the appropriate authority to have a look at the documents. The appropriate authority in this case is Parliament, “the grand inquest of the nation.” MPs needn’t speculate about the contents of the documents; they have the power to demand them, if only they will use it. If they are serious, they will do so, with whatever special arrangements are needed to allay national security concerns.
But: the opposition is full of buts. Maybe it’s a trap. Maybe the government will declare this a confidence motion. Maybe we’ll be forced into an election we’re not ready for. There are a thousand reasons not to act, and the opposition shows every sign of looking for one. As the government fears the public, so the opposition fears the government.
It’s a funny thing. Minority parliaments are supposed to be unstable. Yet such is the pusillanimity on both sides that this one looks set to run and run. So long as he doesn’t actually do anything, Harper can govern as long as he likes.
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