Parliamentary Privilege In Canada

Joseph Maingot describes the parameters of the principal immunity enjoyed by Members of Parliament, that of freedom of speech, which is restricted to the context of a parliamentary proceeding and not beyond. He points out protections afforded members other than parliamentary privilege and the view of both the courts and the legislatures concerning parliamentary debates and proceedings as evidence in court. He also sets out in detail what the House of Commons considers to be and not to be a matter of privilege, as well as the corporate powers of the Houses of Parliament.

This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.

Canada's machinery of government is out of joint. In Breaking the Bargain, Donald J. Savoie reveals how the traditional deal struck between politicians and career officials that underpins the workings of our national political and administrative process is today being challenged. He argues that the role of bureaucracy within the Canadian political machine has never been properly defined, that the relationship between elected and permanent government officials is increasingly problematic, and that the public service cannot function if it is expected to be both independent of, and subordinate to, elected officials. While the public service attempts to define its own political sphere, the House of Commons is also in flux: the prime minister and his close advisors wield ever more power, and cabinet no longer occupies the policy ground to which it is entitled. Ministers, who have traditionally been able to develop their own roles, have increasingly lost their autonomy. Federal departmental structures are crumbling, giving way to a new model that eschews boundaries in favour of sharing policy and program space with outsiders. The implications of this functional shift are profound, having a deep impact on how public policies are struck, how government operates, and, ultimately, the capacity for accountability.