Beyond The Commons

Beyond The Commons

Aaron Wherry covers all the goings-on in and around Parliament Hill. Follow Aaron on Twitter: @aaronwherry

The Commons: The House always wins

by Aaron Wherry on Tuesday, April 27, 2010 7:17pm - 121 Comments

The Scene. “In his March 31 intervention, the Minister of Justice quoted from the 1887 parliamentary treatise of Alpheus Todd,” the Speaker said. “The Minister also cited Bourinot in 1884.”

This was, by these standards, riveting stuff.

“Had he read a little further,” Peter Milliken continued, “he might have found the following statement by Bourinot at page 281. ‘But it must be remembered that under all circumstances it is for the House to consider whether the reasons given for refusing the information are sufficient. The right of Parliament to obtain every possible information on public questions is undoubted, and the circumstances must be exceptional, and the reasons very cogent, when it cannot be at once laid before the houses.’”

From his seat, the Justice Minister chuckled at this reprimand. He may have by then—with a full 15 double-spaced pages left to be read—realized that the government’s case was lost.

History arrived with neither pomp, nor circumstance, nor even grace. In the 45 minutes preceding his ruling, Mr. Milliken presided over a session of Question Period that totalled 41 questions and perhaps three or four answers. There were the usual amounts of hooting and hollering and carrying on, including a wild bit of flailing and pointing and yelling from Jim Abbott on the subject of improving the health situation of mothers in the developing world.

Eventually the Speaker announced an end to the time allotted for oral questions. Some MPs took their leave, many remained, anticipating what was to follow. At precisely 3:04pm, Mr. Milliken stood in his long black robes and announced the following.

“I am now prepared to rule on the questions of privilege raised on March 18, 2010, by the honourable member for Scarborough—Rouge River, the honourable member for St. John’s East and the honourable member for Saint-Jean concerning the Order of the House of December 10, 2009, respecting the production of documents regarding Afghan detainees.”

And with those 54 words committed to the record, Mr. Milliken proceeded with the other 6,400 typed out over 38 pages now held in his hands.

He began with a simple enough review of the facts. Michael Ignatieff sat and listened with his hand over his mouth. Bob Rae reclined and listened. Defence Minister Peter MacKay appeared to be concentrating hard. Justice Minister Rob Nicholson sat turned away from the Speaker’s general direction.

“It is no exaggeration to say that it is a rare event for the Speaker to be seized of a matter as complex and as heavy with consequence as the matter before us now,” Mr. Milliken observed.

To state it simply, be that possible, the matter before us had only to do with the power and precedence of the House of Commons, the primary legislative body of our democracy, filled, as it is, with our duly elected representatives. A majority of members of the House have demanded that the government produce, wholly and unredacted, various documents related to the country’s handling of detainees seized in the process of conducting our mission in Afghanistan. The government has so far refused on a claim of national security authority and responsibility.

It is, of course, not even that simple—complicated by doubt, accusation, inconsistency and war—but ultimately there is this question of power.

The Speaker had helpfully grouped the issues before him according to theme and he went through them one by one. Stockwell Day flipped through his Kindle. Bryon Wilfert flipped through a copy of this magazine. Mr. Nicholson turned in his seat toward the Speaker and fidgeted and nodded. Some in attendance seemed interested in what the Speaker had to say. Others seemed interested in being there to say they’d been there when the Speaker said what he said.

There seemed, at first, points for each side. Halfway through, the tally might have been said to be tied. Then, the will of Parliament began to run up the score.

“Before us are issues that question the very foundations upon which our parliamentary system is built,” Mr. Milliken observed. “In a system of responsible government, the fundamental right of the House of Commons to hold the government to account for its actions is an indisputable privilege and, in fact, obligation.”

Then came the reference to Bourinot. Then references to Maingot, Erksine, McGee and Odgers. Then this.

“It is the view of the chair,” Mr. Milliken said, “that accepting an unconditional authority of the executive to censor the information provided to Parliament would in fact jeopardize the very separation of powers that is purported to lie at the heart of our parliamentary system and the independence of its constituent parts.”

MPs on the opposition side applauded. The Speaker continued. ”Therefore,” he said, “the chair must conclude that it is perfectly within the existing privileges of the House to order production of the documents in question.”

A cry of “yes!” came from the far end of the room.

The verdict now seemed assured, but the Speaker kept on, now venturing an attempt at peace. “It seems to me,” he said, “that the issue before us is this: is it possible to put into place a mechanism by which these documents could be made available to the House without compromising the security and confidentiality of the information they contain?”

He asked for “common ground” and “trust” and “collaboration” and “accommodation.” He offered all parties two weeks to sort out a solution to this last question. He offered his services and announced himself open to suggestion. But there, in the fourth last paragraph, was the ruling.

“Accordingly,” Mr. Milliken said, “on analysing the evidence before it and the precedents, the chair cannot but conclude that the government’s failure to comply with the order of December 10, 2009 constitutes prima facie a question of privilege.”

There it was. In its own way, elegant. One hundred and twenty-three years from now, if the Speaker of the day has cause to do so, he may well refer the Justice Minister of the day to this. And that would seem the definition of history.

The Speaker was shortly thereafter done. He returned to his seat. All sides of the House rose to applaud his effort. And then, after a moment’s rest, the Speaker stood again and got on with the rest of the day’s proceedings.

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  • http://intensedebate.com/people/FVerhoeven FVerhoeven

    I was reminded alright when not too long ago, MP Lee decided to wait out a Liberal motion vote, in the hallway of the house, that is, behind the curtains, not in front of it.

    But who cares. Right???

  • Poker Face

    I'm impressed that Miliken actually DID something for once. He's been erstwhile useless, but came through when it counted.

    Kudos from a card-carrying Conservative.

    (Call it wishful thinking, but I'm hoping for some decorum in QP as an early second Christmas present to the voters.)

  • http://intensedebate.com/profiles/kempton kempton

    CBC News and its Liveblog gave a pretty good account of today's ruling. But I had the most fun reading yours.

    As a reader, it gave me a strong sense of being at the House of Commons watching a wonderful chapter of history in the making.

  • http://twitter.com/RamaraMan @RamaraMan

    Speaker gives parties two weeks to find a compromise… Makes me flashback to a windy airport in 1939, with British PM Neville Chamberlain waving a piece of paper, his compromise with the German Chancellor. How long did that compromise last?

  • http://intensedebate.com/people/Tridus Tridus

    So, people with proper clearance in a secured environment can't see the documents because we have troops fighting?

    How convenient. I hate to break it to you Con shills, but "embarassing the government" is not a legitimate reason to override the supremacy of Parliament.

    You remember Parliament? Haper and the Cons were really big on "respecting the will of Parliament" back in 2005. Course, he was the opposition leader then. Funny how your priorities change.

    Take some time to learn how our government works, then get back to us.

  • http://intensedebate.com/people/madeyoulook madeyoulook

    Yup.

  • http://intensedebate.com/people/Tridus Tridus

    This was the correct ruling. In a Parliamentary democracy, it's Parliament that is in charge. Not the office of the Prime Minister.

    We all need a reminder of that every now and then.

  • Holly Stick

    There was a rumour that he had a press conference with Bev Oda about their idiotic refusal to consider abortion as part of maternal health; however, someone pointed out that Oda is in Halifax and Harper is in Ottawa so the press conference is probably fictional.

    Someone else said he was meeting with Danny Williams. Any excuse not to be present, I would think.

  • http://intensedebate.com/people/aliasrus aliasrus

    The vaguety [sic] and vacuity of your argumentative style is highly engaging, grossly convincing, and positively forthcoming. Well done!

    On a more serious note: You need to be more clear and concise, if you are expecting to be taken seriously.

    Other than trying to get people to come to your point of view that they should not view Harper like he's an autocratic wingnut on a power binge and treat this ruling without claiming it is a victory for anyone, what are you actually trying to get at so desperately, if anything?

  • Matlock

    On any of the shows that hold a political panel (Power & Politics/Power Play/Question Period) over the past couple of months, on the MP panel segments opposition MP's have suggested a process could be developed where the documents could be viewed in camera (I cannot remember them all, but most definitely I have seen Ujjal Dosanjh and Ralph Goodale make such a suggestion). Each time the government MP on the panel either ignored the comment or responded by stating that opposition MP's cannot be trusted.

    I don't know of the processes by which the opposition could have made an "official" request before today, or how that request would have been treated any differently by the government than the official request for documents back in December, but surely enough as of today the request to devise a process is very official.

  • wellwell

    I don't think any of Milliken's immediate predecessors could have delivered a ruling of this quality – you might have to go all the way back to Michener for that. The moment was historic, in part because a man secure in his experience and uniquely disposed to love parliamentary democracy was available to meet it. Sometimes a bit of luck does come our way in this troubled dominion.

  • burlivespipe

    If you won't why do you expect others to? C'mon, your own leader is all about talking without action. Tough-on-crime but only after proroguement. Accountability but only if I can redact it first… Seems there's no end to the hypocrisy from Harper.

  • burlivespipe

    So where does tipping off the enemy on the arrival of the Opposition Leader sit with you? That was another of Harper's sleight of hand backjabs that had nothing to do with protecting our troops — but it apparently was fine with you.
    Harper is hiding behind the troops. But just as he let his staff slap down a parent of a dead soldier for speaking their mind, he'll too winge and complain if the troops don't serve eagerly as his backdrop.
    CON supporters here are comical ruses.

  • Katherine

    These documents are are several years old. Most of them are unlikely to relate to current tactical operations; phrases that relate to sensitive matters of military strategy, or to important locations we want to keep hidden, can remain redacted. The vast majority of the information should be able to be released to the Canadian public without endangering national security once the government and opposition leaders have agreed on the information to be redacted.

    There is no justification for keeping any material back on the basis that it would make Canada look bad or damage public relations, not even if said information could be used as a propaganda tool against us. Canadians need to understand what actions our government has taken on our behalf, even if they reflect poorly on us.

  • http://intensedebate.com/people/FVerhoeven FVerhoeven

    Suggestions by the opposition on TV talk shows? I thought the triumph of today turned around the supremacy of the House, not political talkshow chambers.

    Where was the opposition's official request for a workable solution? I haven't seen one.

    That's why I'm saying that both sides will have to come up with something reasonable. And besides, that is what Milliken has so clearly stated. You know, it is not just the government side who can stand in the way of a reasonable solution. The opposition is able to do this as well. Don't take sides before we know how the process will unfold from here on in.

  • http://intensedebate.com/people/Jenn_ Jenn_

    Uh, so why didn't Harper make the other party leaders Privy Council members and lay out the information to them in secret? He could have done so at any time in the last six months. Problem solved before it even became a problem. But no, this is Harper. Any slight question must be made into a full-blown constitutional crisis, i can only surmise so as to give Harper more importance in the history books.

  • http://battlelight.blogspot.com HitEleven

    See full video of the Speaker's ruling at http://battlelight.blogspot.com

  • http://intensedebate.com/people/FVerhoeven FVerhoeven

    You obviously haven't been following everthing.

    I think it's time some people stop with spewing their emptyness onto public forum grounds. I know it is not just me who's getting sick of this endless drivel (Harper is evil, Harper will throw another tantrum, Harper is an autocrat, on and on and on, Harper will ban all abortions, Harper is evil, Harper is evil……)

    My records show thatI have been contributing in a very reasonable manner. Look them up if you have a need for them.

    • frobisher

      Your records? Is there an FVerhoeven Hansard kinda thing that one can consult? Can we do a Milliken-ian perusal of precedent for the sources of your discontent…er…reason?

      Sorry, you seem unhinged. '74 points' of it.

  • MacLean's Regular

    First time in my life I've ever seen anyone express panic over the mere suggestion that government might release sensitive documents to the general public, especially in light of the fact that it might just be a simple
    error in communication here.

    Veritable champion of democracy you are, madeyoullook.

    …Christ almighty…

  • http://intensedebate.com/people/Tridus Tridus

    Nobody is trying to open this to all MPs, except in Conservative fantasy land. Seriously, you really need to look at what people have been actually saying all along. That was never on the table, except as a Harper scare tactic to try and hide the documents from everybody.

  • http://intensedebate.com/people/Tridus Tridus

    Oh, well opposing Harper is un-Canadian as far as he's concerned, so that's perfectly alright.

  • http://intensedebate.com/people/Tridus Tridus

    He's just going for an all time thumbs down record by posting as much complete nonsense as possible, don't mind him.

  • les1958

    Bang on

  • burlivespipe

    Danby's 'closed off mind' is merely a mirror to Harper's soul. Dare say he who closes first, closes loudest.

  • http://intensedebate.com/people/OntarioTown OntarioTown

    Uh, huh!

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