A survey on the Ontario Speakership.

• Author: Taiyeb, Aamir
• Position: Essay

The Speakership is an old and venerable office. Much has been written about the Speakership in Westminster, where the office, as well as much of Canada's parliamentary traditions originated. However, the Speakership at Westminster is not the same as the Speakership in Canada and the thirteen provincial and territorial Speakerships also have some distinctions among them. This paper examines certain issues relating to the Speakership in Ontario including the election of the Speaker, the Speaker's role in the house, the Speaker's role as representative of the Legislature and the importance of personality. In so doing, it attempts to provide a better understanding of the role of the "first commoner" in Ontario.

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As recently as May 2008, in a report entitled Everything Old is New Again: Observations on Parliamentary Reform, Thomas Axworthy, recommended that the Speaker of the House of Commons make better use of her or his ability to influence the outcomes, efficiency and working of the House through the use of 'moral suasion'. The report also urged the Speaker to use his authority to undo logjams in Parliamentary Committees (1). This is evidence that the Speakership is, and continues to be, held in high esteem across Canada. It is also telling that the Speaker's authority, at least at the federal level, derives directly from the Constitution. Article 46 of the Constitution Act 1867, states that "The Speaker shall preside at all Meetings of the House of Commons".

Similarly, Ontario's Legislative Assembly Act authorizes the Speaker to assume various key roles, including that of head of the Office of the Assembly. The Ontario Speaker is fourth in the protocol chain, behind the Lieutenant-Governor, Premier and Chief Justice. Throughout Ontario's history, Speakers have played a vital role in shaping the highest institution in the province.

The Election of Speaker

The procedure for the Speaker's election is provided for in the Standing Orders, the rules of procedure that govern the conduct of the Legislative Assembly of Ontario. According to Standing Order 3, the Clerk administers the election and the voting process itself is completely secret. The candidate with the most votes is then declared the Speaker by the Clerk.

Official sources are silent on the candidates' campaigns for the Speakership in Ontario. While, arguably, the position of Speaker is on par with that of a Minister, elected Members cannot campaign for inclusion in Cabinet as they can for the Speakership. Any elected Member can campaign to be Speaker, provided that they are not already members of the Executive Council, or the Leaders of a recognized party in the House. The Speakership is perhaps prized because of its accompanying privileges (use of an apartment in the Legislative Building at Queen's Park and a salary increase) or perhaps because it allows for a great degree of influence and respect in the Chamber. Whatever the reason(s) may be, it is telling that no less than five candidates vied for this position after the 2007 general election. Each one, tried in one way or another, to influence their fellow colleagues. For example, Ted Arnott, MPP for Wellington-Halton Hills, wrote a campaign-style letter to all MPP's expressing his desire to pursue, among other things, improvements to Legislative decorum. (2) Other candidates spoke individually with their elected colleagues.

Former Speaker David Warner related how in the 1985 Speaker's campaign, he and other candidates were permitted to speak to each caucus individually, pitching their case in person. (3) Mr. Warner even lobbied his counterparts in the hallways and over coffee in the Legislature. While the official procedure today remains unchanged since 1985, the approach taken by candidates today seems much more streamlined than it did in the past.

Most persons surveyed agreed or were neutral with the statement that 'Candidates for Speaker often lobby their fellow members during the election process.' All agreed with the statement that 'Candidates for Speaker should not be allowed to lobby their fellow Members. However, perhaps the most interesting question in this section of the survey was the last: 'The election of Speaker is usually fair, open and transparent'. Two responses, disagreed with this statement.

Some respondents suggested, although no concrete evidence was available, that the Premier's Office in the past has been known to interfere in the Speaker's election. Former Speakers Gary Carr and Chris Stockwell appear to have had this experience, perhaps an unfortunate vestige of days past when the Speaker was almost entirely the choice of the sitting Premier.

The process for choosing a Speaker has matured over time at Westminster. The incumbent, barring any egregious behavior or flagrant misconduct, is returned unopposed to his/her former role. He or she must run in a general election of course, and win, but even here tradition dictates that parties will not field candidates in the incumbent Speaker's riding. This allows for a certain continuity of office that transcends partisanship and party politics. But Ontario according to some of those interviewed for this paper, is simply not mature enough to adopt this practice. Although, in Canada Lucien Lamoureux, ran twice as an Independent and was elected unopposed by any major political party. Danis Marcel, a former Deputy Speaker of the House of Commons suggested that:

Lucien Lamoureux planted the seeds of what may yet see the light of day in our parliamentary tradition: first, the beginnings of the concept of a continuous speakership; and, given this concept, the idea that a Speaker seeking office in a general election ought not to participate in a partisan fashion. (4) Whatever the merits of each argument may be, the winds of change may yet blow through this hallowed office in the province of Ontario in this regard. The survey also asked a question relating to the Speaker's role outside the Chamber which elicited some of the following responses:

* A Speaker who is able to bring Members together is effective; this could be done through dinners with the Speaker, etc

* Demonstrate to your constituents that you still represent them. Be active in the day-to-day operations of Queen's Park: i.e. administration, weekly dinners with MPPs. Important to maintain an open-door policy with Members and their staff

* A good administrator. An affable diplomat. Someone whose presence internationally will enhance our countries reputation

* Solid understanding and interest in the operation and purpose for representative/parliamentary...