CSPG seminar: The Legislative Role of Parliamentarians.

• Author: Stos, Will
• Position: Canadian Study of Parliament Group

In their legislative role, parliamentarians propose and amend laws, and review regulations. This seminar discussed the practical realities of law-making within the parliamentary context and provided an overview of shifts in Parliament's legislative practices as a result of developments that have seen, among other things, an increase in Senate-initiated legislation and amendments, and the increased consideration of messages in the House of Commons. Whether parliamentarians are experienced lawyers or persons with no legal background, they all participate in the legislative process; this seminar aimed to analyze how they go about that task and what it means for our democracy.

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On November 15, the Canadian Study of Parliament Group gathered for the first of a series of three seminars that are part of the 2019-2020 programming year. The seminar, which focused on the legislative role of parliamentarians, began by honouring the late C.E.S. (Ned) Franks, the founding president of the CSPG. Mr. Franks's student and friend, Michael Kaczorowski was called to offer some personal memories of the man, while also putting the day's topic into the context of Mr. Franks's writings and research.

Institutional Perspectives

The first panel examined three groups within parliament that help parliamentarians research and draft bills and motions. Wendy Gordon, Deputy Law Clerk and Parliamentary Counsel, works within the Legislation Services branch of the House of Commons. Her team provides specialized legislative drafting services for all eligible Members--approximately 270 parliamentarians--who are not part of the government or Speakers or Deputy Speakers of the House of Commons. The service is confidential, nonpartisan and offered in both official languages. A team of 17 people--4 specialized drafters, 4 translators, 4 juriliguists, plus support and publications team--assist MPS as they draft Private Members bills (PMBs) or amendments to any bills (government bills or PMBs).

Gordon explained that the process is the same whether it's a bill or an amendment. A proposal comes from a member; sometimes it is detailed, sometimes it is quite raw. The people assigned to the proposal will look at its objective, prepare the text, find the right place for it (whether it should be standalone legislation or in existing legislation) and they always draft as though it will become part of Canadian law a high standard.

Gordon noted that MPs often don't come with a legislative background and her team must work with them to help put their ideas and zeal into legislative proposals. They flag legal vulnerabilities (constitutional jurisdiction, Charter issues etc.) and use client management to work with them to shape their ideas into something likely consistent with the constitution. The team, which works under significant time constraints--especially for PMBs, but even more so for amendments--also partners with the Library of Parliament.

Gordon explained that not all Members are interested in proposing legislation, but those who are interested are very interested. "We call them 'frequent fliers/" she laughed. Few PMBs and amendments are passed, however. Still, they provide for vigorous debate because they are provoking, challenging persisting ideas that are important for a participatory democracy. She categorized PMBs as provocative, innovative, platform pushing, or part of a shared jurisdiction. Although legislative context is complicated, Gordon concluded by stressing that knowledge and expertise is available to enterprising MPs and persistence sometimes pays off.

Shaila Anwar, Deputy...