The casting vote.

• Author: Vellacott, Maurice

Normally the Speaker of the House of Commons does not vote; however, in the event of a tie the Speaker votes to break the tie. Although it is rare, such an event occurred in September 2003 when Speaker Peter Milliken cast the deciding vote on an amendment to a Canadian Alliance motion relating to the definition of marriage. This article looks at the legal basis and conventions that have developed surrounding the use of the casting vote.

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The legal basis of the casting vote is found in section 49 of the Constitution Act (BNA Act), 1867. It states: "Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the Speaker, and when the Voices are equal, but not otherwise, the Speaker shall have a Vote." The words "but not otherwise" mean that in no other circumstance is the Speaker permitted to vote.

Standing Order 9 of the House of Commons provides that "The Speaker shall not take part in any debate before the House. In case of an equality of voices, the Speaker gives a casting vote, and any reasons stated are entered in the Journals."

For the House to function properly members must have confidence in the Speaker's impartiality, so it is important that he or she not take sides in partisan debate. When there is an evenly split vote, and the Speaker casts the deciding vote, this could involve the presiding officer in taking a partisan stance. Thus the casting vote creates the danger of making the Speaker appear partisan. Certain conventions have developed to shield the Speaker from the appearance of partisanship (even though in theory the Speaker has the same freedom as other members to vote according to conscience).

Conventions to Avoid Partisanship by the Chair

Even before Confederation, there are examples of a Speaker casting the deciding vote and giving reason for his vote: "... in case of an equal division, the practice was, that the Speaker should keep the question as long as possible before the House in order to afford a further opportunity to the House of expressing an opinion upon it." (1)

This meant that the Speaker was to vote, if possible, in a way that would put the issue under debate back and in the hands of the other members rather than deciding an issue with his vote. Thus it was a form of deferring to the other members rather than "casting the deciding vote" as we usually understand that phrase. This convention has been summarized by saying that the Speaker should vote to...