Preface

The Selected Decisions of Speaker Andrew Scheer is the ninth in a series of volumes that brings together, in a comprehensive collection, the significant modern rulings of Speakers of the House of Commons. Earlier volumes contained the decisions of Speakers Lucien Lamoureux (1966–1974), James Jerome (1974–1979), Jeanne Sauvé (1980–1984), Lloyd Francis (1984), John Bosley (1984–1986), John A. Fraser (1986–1994), Gilbert Parent (1994–2001) and Peter Milliken (2001–2011). The present volume contains 101 decisions from the period 2011 to 2015, when Speaker Andrew Scheer presided over the House.

Andrew Scheer was first elected to Parliament in 2004 and was re-elected in 2006, 2008, 2011 and 2015. Serving as Speaker for the Forty-First Parliament, he was the fourth Speaker to be elected by a secret ballot of his peers and, at the age of 32, became the youngest Speaker of the House of Commons, as well as the first Speaker to represent a Saskatchewan riding. Speaker Scheer brought considerable experience to this position, having served as Assistant Deputy Chair of Committees of the Whole from 2006 to 2008 and Deputy Speaker and Chair of Committees of the Whole from 2008 to 2011.

Through numerous decisions and statements, Speaker Scheer was a staunch defender of the rights and privileges of the House and its Members, both collectively and individually. His rulings, founded on procedural principles, were characterized by a sense of fairness and respect for the role and authority of the Chair as well as for Parliament itself. With his casting vote, Speaker Scheer further demonstrated his knowledge of and respect for procedure and tradition. Moreover, he was appreciated by his peers for his affability, diplomacy and judgment.

Speaker Scheer gave several significant prima facie rulings regarding the collective rights of the House as well as the rights and immunities of individual Members. On questions of privilege regarding the right of Members to sit and vote in the House despite disputed electoral campaign returns and allegations of election expenses exceeding the limit, his rulings reaffirmed the exclusive authority of the House to allow Members to continue to sit and vote. Speaker Scheer also continued to uphold the inalienable right of Members to unfettered access to the Parliamentary Precinct at all times.

Speaker Scheer was instrumental in maintaining the authority of the Chair, in balance with the rights of Members and the will of the House. When the right of Members to make statements under Standing Order 31^[1] of the Standing Orders of the House of Commons was raised, he defended the indisputable authority of the Chair to recognize which Member is to speak, while respecting the practice of parties to submit speaking lists. In doing so, Speaker Scheer recognized the need for a balanced approach that would satisfy the will and practices of the House as well as the rights of individual Members.

Presiding over a Parliament with a relatively high number of Members from unrecognized parties, Speaker Scheer favoured their participation in various proceedings, all while respecting the will of the House with its practices and rules. In particular, some of his decisions led to the trend in committee procedures whereby independent Members can now participate in the clause-by-clause study of legislation, an opportunity that was not previously afforded to them.

Speaker Scheer also guided the House and its Members through the tragic events of October 22, 2014, following the killing of a ceremonial sentry at the National War Memorial and the assassin’s subsequent death in Parliament. When the House resumed sitting the next day, it was Speaker Scheer who reassured Members that the work of the House, on behalf of all Canadians, would withstand this affront. As significant changes to security operations within the Parliamentary Precinct were implemented, Speaker Scheer was steadfast in ensuring the preservation of a balance between the need for enhanced security and continued access to the Parliamentary precinct for all Canadians.

The purpose of this volume is to present highlights of Speaker Scheer’s procedural legacy. Each of the selected decisions is presented here in a format that includes a brief account of the background surrounding the issue raised followed by a summary of the resolution of the matter, along with any necessary footnote references. The entire text of the decision as delivered by Speaker Scheer or one of his fellow Presiding Officers is then presented. Each decision within a given chapter has a descriptive header that indicates the primary procedural question being decided; in some cases, a postscript explaining a pertinent outcome or subsequent action is also included. The decisions are grouped into nine chapters, each of which begins with a brief introductory explanation. In all chapters, decisions are grouped by subject matter in the order of date delivered. All Standing Orders of the House of Commons and sections of the Conflict of Interest Code for Members of the House of Commons referenced in the decisions have also been included as an appendix.

There are a number of search methods by which particular decisions can be located. At the back, the volume contains a chronological listing of all decisions, a detailed analytical index and a list of statements by Chair Occupants and of Members who raised the matter before the House. In addition, readers are encouraged to refer to the introductions to the various chapters and to scan the descriptive headers located at the top of each decision to determine whether the subject matter or even a particular aspect of that subject matter would encourage them to read the entire decision. It should be remembered that this volume, like others in the series, represents a selection of decisions. In all, Speaker Scheer and his fellow Presiding Officers were required to adjudicate on many more occasions.

This book is the product of the commitment and professional excellence of many within Procedural Services. I would like to express my gratitude to André Gagnon, Deputy Clerk, Procedure, and Beverley Isles, Clerk Assistant, House Proceedings, who helped in the preparation of this volume, as well as the Deputy Principal Clerks of the Table Research Branch, who led the team of procedural clerks assigned to the project. I would also like to extend my particular thanks to them for their efforts in collecting, selecting and drafting the chosen decisions and editing the book. Finally, special acknowledgement goes to the important contributions of the Parliamentary Information Directorate, the Parliamentary Publications Directorate, and Printing and Mailing Services, as well as the Information and Document Resource Service of the Library of Parliament and the Parliamentary Translation Directorate of the Translation Bureau, Government of Canada.

Equally, thanks are due to Audrey O’Brien, Clerk of the House of Commons (2005–2014), and Marc Bosc, Acting Clerk of the House of Commons (2014–2017), for their advice and support to Speaker Scheer during his tenure. It was a privilege and a pleasure for all Table Officers to work closely with Speaker Scheer, who displayed an impressive knowledge of parliamentary procedure and unwavering dedication to the institution of Parliament.

Ottawa, 2018

Charles Robert

Clerk of the House of Commons