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4. Process and Opportunities
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Process and Opportunities "Canadians may not know every rule. They may not know everything that this House of Commons does. They may not know everything about the committee structure... Many of us had to learn a lot of that after we were elected. I submit to this House that Canadians by and large know that their Parliament is a neutered and ineffective organization . It is incapable of operating properly under the present rules. That is why the issue of procedure is so important. It is one way of getting at the root cause and one way of making change." - Mike Scott (R), House of Commons, April 21, 1998 While the parliamentary system can be criticized, Canadians should know that understanding the system presents opportunities to get heard and, perhaps, influence policy. It's more than digesting what's said on paper.It's what's done in practice that isessential. POLITICAL SCIENCE FOR INSOMNIACS ... AND FOR YOU "Dusting off old procedural books is usually of interest only to political science students wrestling with term papers, a wannabe Clerk or Speaker or perhaps an insomniac. But now (for the first time in ages) procedures and House Orders can make ideas and concepts leap from a simple theory to an actionablework-in-progress." - Chuck Strahl (CPC), Deputy Speaker of the House of Commons, Canadian Parliamentary Review, 20041 83 CHAPTER FOUR 84 IT TO THE HILL Ultimately, decision making in Parliament is done on the basis of who carries the most votes. "It's a myth that the rules are fair... The rules are set up to guarantee that the minority will be heard but areweighted to allow the government to govern.That's the principle and that's the rub." - Camille Moritpetit, Clerk Assistant to the House ofCommons, February 12, 19962 It also depends on how it's done. It can be participatory, conciliatory, or dictatorial, and a stew of all three. Each Parliament is unique. That's the challenge, and the opportunity. "A consultation in this type of Parliament is more of a consultation than it was before." - The Hon. Jean Lapierre, Minister ofTransport, Standing Committee on Transport, November 4, 2004 Your task is to act on one question: how can the parliamentary situation work for me today? This chapter highlights the key functions of parliamentary committees: considering bills, conducting inquiries, and reviewing departmental spending (see box ahead).3 Oil Committees and Legislation THE LEGISLATIVE PROCESS: "SIX READINGS AND YOU'RE OUT" "I think the committee stage is absolutely important. It has a lot more impact than people assume." - Elizabeth Roscoe, Vice-President, Government Relations, Shaw Communications Inc., Interview, May 8, 1997 At first glance, the legislative process is fairly basic. Three readings, or stages, in the House, three in the Senate, then royal assent and a bill TAKING SECTION [54.210.85.205] Project MUSE (2024-03-29 10:25 GMT) * *r INTERSECTING THE PROCESS Standing committees intersect with the legislative process by: • being asked essentially to draft a bill's principles, scope, and general provisions; this can be done either by a minister or by a private member; • receiving a reference to review a bill prior to second reading; • reviewing a bill following second reading, as is the usual course; • and, in the case of Senate committees, reviewing the subject matter of a bill before it passes all stages in the House and prior to it receiving first reading in the Upper Chamber. Committees can conduct reviews by: • being ordered by the House to undertake a specific study; • conducting a mandatory review of an act after a certain period of time; • reviewing an existing act containing a "sunset" provision (or, essentially , an expiry date); • monitoring the implementation of an act (after it receives royal assent); • initiating studies within a committee's terms of reference or under any specific mandates (these can be very broad in scope); • reviewing annual reports of government departments and agencies; • examining departmental spending (estimates); • considering a white or green (draft policy) paper that may form the basis of a future bill; and • reviewing a bill's regulations. becomes law. It's not quite so simple in practice. The discussion below reviews how committees fit into the legislative process and what this can mean for prospective witnesses. Process and Opportunities 85 86 I TAKING IT TO THE HILL A POLITICAL VIEW! Tis the Season Keep watch on the legislative schedule. Committee work can be squeezed by scheduling bottlenecks (particularly just before Christmas or summer recess). End...