Yesterday after QP, NDP trade critic Tracey Ramsey raised a question of privilege in the Commons, claiming that the tabling of CETA implementing legislation was contrary to the rules, not only because it didn’t follow the 2008 departmental policy on tabling treaties which lays out that 21 sitting days be given before introducing any such bills, and because it didn’t contain any explanatory memorandum.
They key phrase to remember in there is that it’s a departmental policy and not a standing order or other rule of the House of Commons, which means that this point of privilege is pretty much doomed to fail – and this was pretty much Bardish Chagger’s brief submission to the Speaker in advance of a more robust response to come at a later date. I would add that while Ramsey says that it’s unfair that Parliamentarians have to digest all 1700 pages of the treaty on their own without these explanatory memoranda, it’s not like these details have been in the dark. The text of the agreement has largely been available for a year now at least, which is a lot of time for the parties to do their research on the agreement, and yes, this is why they have research budgets and staff who can assist with these sorts of things. And it also sounds a bit like the opposition is complaining that the government isn’t doing their homework for them. Maybe I’m wrong, but that would certainly fit with the trend that has developed across the board in the House of Commons – that MPs expect everyone else to do that homework on their behalf, whether it’s the Parliamentary Budget Officer, the Auditor General, or any other Officer of Parliament.
I would also add that many of the changes that the Conservatives made policy-wise to things like treaties and military deployments were done under the illusion of giving the House of Commons a greater role to play when many of these matters are actually Crown prerogatives that they were looking for political cover in exercising, or in partisan gamesmanship designed to divide the opposition. I’m not sure how much this particular 2008 policy is a reflection of that Conservative mindset, but if the way the government went about this was a more traditional exercise of prerogative powers, then that’s all the more reason for them to do so, rather than to continue to indulge some of the bad habits that the Conservatives put in for their own purposes.