Proroguing Parliament: What is It?

by Karl Gotthardt - albertacowpoke | January 23, 2010 at 06:17 am
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Proroguing Parliament

Shortly after the Canadian Parliaments Christmas Break, Prime Minister Harper announced that he would ask the Governor General to "prorogue parliament".  Although most Canadians are now familiar with the term, many are not aware what it means.

Proroguing Parliament essentially shuts down parliament and permits it to start a new session with a new and clean slate.  Unfinished legislation dies on the order paper.  This allows the governing party to reintroduce it in its original form and resubmit it to  the Canadian Upper House, an unelected body.

Section 5 of the Canadian Charter of Rights and Freedoms mandates that parliament is only required to sit once every twelve months.  In theory, the Parliament could be prorogued for a whole year, but would require the Governor General's consent.

The Harper  Government History of Proroguing Parliament

October 14th, 2008 the Harper government was re-elected with a minority government.  When parliament resumed, the opposition parties threatened to bring down the government and threatened to ask the Governor General to form a coalition government.

Prime Minister Harper, determined that this would not happen, asked the Governor General to Prorogue the Parliament.  The Governor General approved his request.

When parliament resumed its business in early 2009, either the New Democratic Party supported the government's legislation until the Liberal Party decided they would no longer attempt to bring down the government.  The NDP no longer supported the government, but the Liberals did.

This fall the Harper government was  plagued by opposition queries on Afghan detainee handling and a parliamentary committee and the opposition parties kept the issue front and centre in the Canadian media.  Mr. Harper, after parliament adjourned for the Christmas break, once again asked the Governor General to prorogue parliament.  An adjournment would have continued with the present parliamentary business and permitted committees to continue with their work.  Proroguing prevented this.

Proroguing - a Public Outcry

To prorogue parliament, again, for no obvious reason, other than trying to take the detainee issue off the headlines has created a public outcry.  A facebook group has been created, which more than 200,000 members have joined. Today there will be protest rallies across Canada.  See NP Story by Sara Star.  An EKOS  poll published last week and reported on NP by this author, had the Liberals and Conservatives in a virtual tie.  The Conservatives had a six point lead on the Liberals last August.

Protests continue across Canada, CBC reported that it is held in 22 locations across Canada, one in London, England, and as far South as Houston, Texas.  Organizers of the  Toronto Ralley claimed  15,000  protesters turned out.  The Police estimated the number closer to 2000.  Nevertheless a great turnout. Parliament Hill has a great turnout as well.  Ignatieff, Layton and Elizabeth May spoke at the Ottawa Rally.

About 600 protesters showed up at Stephen Harper's Calgary constituency office.

Good Tactical Move or Harper's Downfall

In all likelihood Mr. Harper did not expect the public outrage he would create with proroguing parliament.  Since the anti-proroguing movement is not likely to back off, this may have severe consequences for Mr. Harper in March when Parliament returns.  By then he will have appointed an additional five Senators, tipping the balance to Conservatives.

Harper is expected to table a new budget after the throne speech.  Will the opposition defeat his budget, which is a confidence vote and defeat his government?

For many Canadians, it's a term they're not familiar with but have come to know all too well in the last week: proroguing Parliament.

But just what does it mean?

Proroguing Parliament is a lot like rebooting your computer after you've finished working. You're essentially starting with a clean slate uncomplicated by all the programs you may have been into before you hit that restart command.

It's the period between two sessions of a legislative body, although it rarely happens just weeks after an election has been held.

It means all the MPs who were elected last October 14th will remain in place, but any unpassed bills or motions - like the controversial economic statement that started this mess - will be non-existent.

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Karl Gotthardt - albertacowpoke

I hope when they show up to work, they come up with a policy statement.  Opposition is great for democracy, but policies on how you differentiate from the governing party would be great as well.

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Karl Gotthardt - albertacowpoke

LOL there is no rally near me:). 

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marianmo

the irony of this is that most if not all members of parliament a  re in ottawa,,,,,,,they should be doing the business of government, .......mr harper in his arrogance has once again muscalculatted the feelings of canadians.......

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Karl Gotthardt - albertacowpoke

If he has miscalculated Marian, then the Opposition can bring him down in a confidence vote against the budget he is tabling the second day parliament takes up the next session.

I think the governments response to Haiti demonstrates amply that the business of government has not stopped, albeit parliament has. 

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marianmo

polls are down for the conservatives, they are doing politiucal games,,,,,

 

what is the business of parliament...oppostion parties as well as government have a duty to debate and pass legistlation....not to be suspended

i elected my mp to be doing just that...it is sad when a government is suspended and not the correct way to do the business of government....all legistlation, committee work etc has been lost

 

a sad time for canada

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Barry ORegan

So true Marian, Opposition parties as well as the Senate are there to pass bills,but remember most bills presented to the Senate were still in limbo at the time of prorogue, thus Nothing was working anyway! MPs or Senators rehashing the same bills time after time serves no one except those MPs appointed to get extra pay being on countless self serving steering committees and other time wasters behind closed doors postulating with pithy commentary that goes no where!

May as well shut down the house if the only work ever gettin done is the hum of the cleaners floor polishers. In my career, I have seen first hand the workings of Parliament working directly with more than a few Federal Ministers. Sweet, Sweet work if you can get it.  The only one who actually worked his ass off was John Manley when he was a Minister with the Libbies

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marianmo

they didnt need parliament to give aid

if the cons could do all this why have elections and parliament at all....are they incapable of being in parliament debating the issues and doing what they were electes to do

 

i liken this whole bunch of events to a schoolyard game of soccer, one team doesnt like the fact that the other team is gainiong in points, begins to sulk and takes the ball; and leaves the field to regroup and rethink....also kinda like the schoolyard bully who says its my way or no way..

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Karl Gotthardt - albertacowpoke

actually it.s the highway:)

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Barry ORegan

Good analogy Mariam, just remember it was Canadians who gave the PM the ball, and he intends to keep it.  Liberals want to play, but they want to control the ball, something Canadians who voted for Harper are reluctant to let unproven leadership under Ignatieff handle, at least until he has a many more winning games under his belt! Despite the Canadian crowd rallying against Harper, they do not make up the majority of Canadians who do not wish to attend Babbling Rallies. Otherwise Harper would be out on his ass,clearly that aint gonna happen.

Speaking of Analogy, here is a Prorogue story that really puts it all into perspective, especially if you are a foodie! 

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marianmo

lol big mistake on harper....the roads need work , potholes and cracks everywhere...he needs to be careful when travelling down the road of arrogance and disrespect

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Karl Gotthardt - albertacowpoke

I think he is sending Jacko and Iggy down the highway:)

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marianmo

i think mr harper is shooting himself in the foot...jason kenny immigration mimister says he gets more done when parliament isnt in session.........cant he do bothg

mr harper wont even be in cacada next week...is going to some conf in switzereland...he knew about this copn a long time ago...is by invite only......

(guelph mercury)

 

he lied when he gave the reasons for proroging parliament...and he will soon discover his mistake

 

the truth is starting to come out

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Karl Gotthardt - albertacowpoke

Let's put Jason Kenney's comment is context, of course life is easier if you don't get interrupted by parliamentary routine, especially the orchestrated theatre of Question Period.
It should also be noted that Mr. Harper is going to an economic forum in Davos, Switzerland to attend an economic forum, which is held once a year. The forum gathers world corporate and political elites once a year to discuss policy.  Personally, I think, such forum should be attended by the Prime Minister.

OTTAWA – Immigration Minister Jason Kenney says it’s a lot easier for the government to operate without Parliament in session.

“As a minister, I often get more done when the House is not in session,” he said as thousands of Canadians were preparing to mount protests across the country against Prime Minister Stephen Harper’s decision to suspend Parliament until March 3.

“That’s not to say Parliament is unimportant,” Kenney told reporters after making an immigration announcement. “But from a ministerial point of view, I think any minister in any government will tell you that’s probably generally the case.”


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Karl Gotthardt - albertacowpoke

But Harper will be out of the country for much of next week. From Wednesday to Friday, he will be in Davos, Switzerland, for the World Economic Forum, an invitation-only gathering where the globe’s corporate and political elite rub shoulders and talk policy once a year.

Layton, who is advocating new parliamentary rules to curb the prime minister’s power to suspend sittings, said on Friday: “Stephen Harper and the Conservatives are playing old politics – where partisan games matter more than the work of elected representatives.

I wouln't have a problem with Jacko's comment if it had come from someone that was bipartisan.  When it comes from a power hungry egoist though, I have a problem.  He along with the other opposition leaders had ample opportunities for the past four years, yes Mr. Harper has had a minority government for four years as of yesterday.  The pundits gave him 18 months. 

I don't necessarily agree with Harper on a lot of things and was thoroughly peeved at his attack ads a year ago.  His arrogance has gotten in the way a few times. It almost cost him government last year.  The arrogance I.m talking about was the inclusion of canceling public funding to parties based on number of votes. 

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158

I knew a little about this but thanks for giving all the details.

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Karl Gotthardt - albertacowpoke

You.re very welcome 158.  Thank you for commenting.

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marianmo

where is the consultatation with the canadian people...what has been done is more of the iold style conservative politics where corporatations and eletists matter, people dont...

at least mr layton shows a realization that proroguing isnt a necessary tactic...it was used to deflect criticism of the govt..it negated any work that had been done in committeees or bills that were being passed..they have to start over....it gives mr harper a chance, which he could hae done  if parliamet were in session, to stack the senate with cons lackeys....play my way or we are taking our ball and going

proguing of parliament, the shutting down of debate wasnt necessary

 

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Karl Gotthardt - albertacowpoke

Some people seem to forget 12 years of Liberal politics, filled with scandals, broken promises and basically a dictatorship.  At the time there was Liberal majority in the House of Commons and a Liberal Senate.  The GST was to be torn up.  Yet, when the reality of governing hit, it became abundantly clear that it was needed to pay down the debt.

The Liberals fought a campaign against Free Trade, yet when they were in power embraced it.  The frustration over prorogation is understandable, but let's not talk about democracy, when it was non-existent under Liberal rule.

Where was the democracy during the past four years, when the opposition disagreed with Harper's government, yet continued to prop up his legislation based on polls.  Deception is not the domain of only one side.

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Amy Judd

If only we could do this in life!

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Karl Gotthardt - albertacowpoke

You mean shut down for a while?  Ha Ha You're right:)

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marianmo

imagine the hew and cry if any natyion ie the united states government prorogued congress and the senate because they couldnt be botrhered with democracy...shame on stephen harper

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Karl Gotthardt - albertacowpoke

I hate to tell you, but a form of proroguing happens there as well.  In Canada it happened 105 times before Harper.  Should  I remind you of Somalia and the Sponsorship scandal?  Somalia's cover up is dear to my heart.  I am always amazed when one side does something it's ok but how dare the other side do it.

While I don't condone that proroguing happened, nevertheless when ur tougher crime legislation and other weakened bills are hung up in the appointed, undemocratic Senate, a clean start for Parliament may be warranted. 

Earlier you talked about Harper appointing cronies to the Senate,  hmm isn't that what Chretien and Martin did?  Maybe it's time for a EEE Senate (Elected, Equal and Effective).  What do you think the likelihood of that making it through Parliament?  Why would anyone do that, after all it would take the power away from Ontario and Quebec.  Imagine equal representation of all Canadian provinces.  What a concept? 

So I think if we want to discuss democracy and equality of all Canadians we could get into a much deeper discussion.  Let democracy (your words) continue on March 2nd.  If the opposition is genuine, they can defeat Harper as soon as he presents his budget, regardless of polls.

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marianmo

i agree

 

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Karl Gotthardt - albertacowpoke

Whooo hooooooooooooooo Marian!!!!

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marianmo

ya didnt win the argument karl but it was fun..your article was well written and full of substsance well done

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Karl Gotthardt - albertacowpoke

It's not about winning or losing but about how you play the game.  The exchange of ideas is what is important.  It gets us all off our high horse.

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Karl Gotthardt - albertacowpoke

CBC or someone for them did a survey and the composition based on a sample of 300 across Canada was that 40% were 31 to 40.  Only 18% were 18-30.  55% have never protested for any political cause.  So it is a cross section of society.

CBC also earlier this week had figures on this.  It is indeed expensive and people are also out of work.


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Karl Gotthardt - albertacowpoke

In the interest of full disclosure, here are the costs as estimated by  the National Post:

The bill with a few mints is placed at your table. Turning the carbon copy over in your hand, you read: One order to prorogue parliament --$130 million.

Or, more precisely: $130,407,733. Voters, I hope you brought your wallets.

Government isn't free. Every action, every bill, every particle of dust on a government bureau has a price, and we as Canadian taxpayers are stuck with the tab. Usually, we get something to show for it, whether it be legislation or just an entertaining Question Period; but in the recent case of our Prime Minister proroguing Parliament, we're still paying the exorbitant salaries of MPs and Senators, only this time were getting nothing out of the deal.

The total cost of prorogation is the sum of two ways Canadians are losing money. First, we are stuck paying for Parliament even though it's not doing anything; second, when a Parliament is prorogued, all the Bills that were in various stages of becoming law are now expunged or scrapped, and all the time that went into them is now lost.


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Karl Gotthardt - albertacowpoke

Sara I wonder if this is the act that they were referring to, if so, it has been in force for almost 20 years.  9/11 also brought in legislation, I believe, that was similar to the Patriot Act in the United States.  In either case, Access to Freedom of Information has been trampled on for a long time.


The 17-year-old act, which the CAJ calls outdated, gives Canadians and journalists the right to apply for and obtain copies of records under Ottawa's control. But the law provides for a number of exemptions that limit access and, almost since its inception has been criticized for often concealing more than it reveals.

Chief among its critics has been Information Commissioner John Reid, who has complained of the system's inefficiency and its exemptions. Mr. Reid has called for reform of sections dealing with cabinet secrecy, which have been liberally interpreted by officials.

In May, Mr. Reid announced that five of eight federal departments he reviewed got failing grades for their slow processing of access requests in the previous year.

Robert Cribb, the Canadian Association of Journalists' vice-president, said his members have also expressed "grave concerns" in how the act is handled.


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Karl Gotthardt - albertacowpoke

Truer words  were never spoken.

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