Decades ago, we should have listened to Joe Clark
LAWRENCE MARTINPUBLIC AFFAIRS COLUMNIST
SPECIAL TO THE GLOBE AND MAIL
PUBLISHED JANUARY 14, 2014UPDATED MAY 11, 2018
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We can't say we weren't forewarned. We can go all the way back to the mid-1970s. On Dec. 9, 1974, we find Tory MP Joe Clark putting forward a motion in the Commons aimed at having safeguards set in place to secure the sovereignty of Parliament as intended by the Constitution.
Backbencher Clark – he hadn't even reached the "Joe Who" stage of his career yet – was becoming uneasy over how that sovereignty was being challenged by Pierre Trudeau's office. Mr. Trudeau's government "might have got out of the bedrooms of the nation," asserted Mr. Clark, "but it has more than made up for that everywhere else."
The young MP had watched throughout the 1960s as rules of Parliament were significantly changed. A guillotine rule had been passed to limit debate. Limits were also put on the number of Opposition days. Debates were diverted from the Commons floor to committees.
In tandem, Mr. Clark noted, Mr. Trudeau had "in effect, established for the first time a new 'Department of the Prime Minister' in the Privy Council Office and the Office of the Prime Minister." This office, he continued, was "created in the absence of authority from, or discussion in, Parliament. It operates beyond our scrutiny and, having the ear of the prime minister, it has the capacity virtually to change any direction or challenge any initiative that arises either in Parliament or in the public service."
The new department, he said, was overpowering the cabinet, the public service and other checks and balances in the system. While the Constitution stipulated that the executive branch need submit to the will of the legislative branch, the Canadian system was devolving to something akin to the opposite – collective obedience to the will of the man at the apex of power.
On the controversial measure, the so-called guillotine rule, Mr. Trudeau invoked closure in 1969 to impose it. This was the moment when he uttered the infamous words about MPs being "just nobodies" when "they are 50 yards from Parliament Hill."
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