Who’s Accountable to Whom?

Written by Harold McNeill on February 6th, 2012. Posted in Editorials



The following is reprinted from an article written by Michael Byers and appearing in The Tyee on January 26, 2012.

I reprint the sections in which the author Michael Myers discusses with a German colleague the Canadian Parliamentary system vis a vis that of the German Reichstag. For the full article link here:

A View from the Reichstag: Who’s Accountable to Whom?

During a coffee break, a constitutional law professor quizzed me about Canada: “Is it true that your government has been shutting down Parliament?”

“Only temporarily,” I replied, explaining that Canadian prime ministers are entitled to ask the Governor General to prorogue Parliament. Stephen Harper first did so in Dec. 2008, in order to avoid losing a fiscal vote and thus his government. He did so again in Dec. 2009, in order to avoid parliamentary scrutiny of documents relating to the practice of transferring detainees to possible torture in Afghanistan. In both instances, the Governor General granted his request.

Nevertheless, Harper’s actions caused concern at home and abroad. As The Economist magazine observed on the second occasion, “The danger in allowing the prime minister to end discussion any time he chooses is that it makes Parliament accountable to him rather than the other way around.”

My German colleague seemed to share that view: “Didn’t the Canadian Parliament respond by declaring the government in contempt?”

“Not exactly,” I replied. The contempt of parliament ruling came later, in March 2011, after the government refused to provide MPs with detailed cost estimates for its crime bills. And while no other government in the Commonwealth had ever been found in contempt, Harper cavalierly downplayed the importance of the ruling, saying: “You win some, you lose some.”

Indeed, his Conservatives won a majority in the election that followed, which suggests that most Canadians were not particularly bothered by the finding of contempt.

“The real surprise,” I explained, “is that Harper does not appear satisfied with the extensive powers that are normally available to a majority government.”

I tell my German colleague about the government’s practice of invoking closure, with a frequency never before seen in Canada, to prevent elected MPs from debating major legislation such as the omnibus crime bill and a bill that will add dozens of new seats to the Commons.

About how, increasingly, the government moves the business of parliamentary committees behind closed doors, so that it can conceal embarrassing documents and reject witnesses proposed by opposition parties without fear of public censure.

Warning, with a smile

Finally, I explain how the Federal Court ruled in Dec. 2011 that a bill to abolish the Canadian Wheat Board was illegal because it violated a statutory requirement to poll wheat farmers first. No matter: the government adopted the bill anyway.

This led Peter Russell, the doyen of Canadian constitutional law, to warn: “Canadians should understand that at stake here is not just a technical point of law, but the integrity of parliamentary government.”

At this point, a wry smile crosses the German professor’s face.

“Professor Russell is right,” he says. “It’s all about understanding. Here in Germany, we sometimes learn our lessons too late.

While we are certainly no where near being turned into a dictatorship and the current government could fall (and will likely fall) in the next election, it is possible that several precedents will have been set by the current government that will be hard to dismantle. 

We should all be concerned when any of our governing parties choose to disregard the building blocks of our parliamentary system.

For Prime Minister Harper and the Conservatives, far to many blocks are being pulled from the foundation.

Harold McNeill 

Reference:  Who’s Accountable to Whom?

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  • Mike Fedorowich

    September 1, 2023 |

    I have gone through the above noted text and have found it quite informative.
    I am a former member with several law enforcement agencies from across Canada.
    I worked in the First Nations service under the authority of the RCMP with the over sight of the OPP. My law enforcement service was conducted under the authority of the Nishnawbe – Aski Police Service in North West Ontario the Louis Bull Police Sevice in Hobbema AB, the Kitasoo Xaixais Police Service in Northern in side passage on Swindle Island, the Lac Suel Police Service North West Ontario and the Vancouver Transit Authority Sky Train Police Service. I’m presently dealing with an RCMP member for falsifying a report against me for a road rage event. Court case is finished and the charge was dropped but I have an on going complaint with the member and have forwarded to the WATCH DOGS IN OTTAWA FOR the RCMP review and consideration. I believe the said officer is in violation of his oath of office and should be held accountable for falsifying his RTCC all the while dragging me through the court system here in Nanaimo. RCMP continue to stonewall the appeal but Ottawa and the crowns office are still looking into the matter. if your able and find the time or the interest in this very brief introduction, I would very much like to speak with you and would be grateful to hear any wisdom that may come across from your end. I served with First Nations Police Services for ten years in isolation and six years with Transit Police out of New West Minster. I do value and appreciate any time you could spare to chat for a bit on this particular subject matter. Respectfully with out anger but an open mind, Mike Fedorowich Nanaimo BC 250 667 0060

  • Harold McNeill

    February 28, 2022 |

    Hi Robert, I do remember some of those folks from my early years in Cold Lake (Hazel was my aunt and our family spent many fond times with Uncle Melvin, Aunt Hazel and Family. I knew Lawrence and Adrian. Having read a half dozen accounts it is clear their were many false narratives and, perhaps, a few truths along the way. I tried my best to provide an even account from what I read. Cheers, Harold. (email: Harold@mcneillifestories.com)

  • Robert Martineau

    February 25, 2022 |

    Its been a long time since any post here, but its worth a shot. My Grandfather was Hazel Wheelers brother Lawrence, and son to Maggie and Adrien. Maggie Martineau (nee Delaney) is my great grandmother. The books and articles to date are based on the white mans viewpoint and the real story as passed down by the Elders in my family is much more nefarious. Some of the white men were providing food for the Indians in exchange for sexual favors performed by the Squaws. Maggie was the product of one of those encounters. Although I am extremely proud of my family and family name, I am ashamed about this part of it.

  • Julue

    January 28, 2022 |

    Good morning Harold!
    Gosh darn it, you are such a good writer. I hope you have been writing a book about your life. It could be turned into a movie.
    Thanks for this edition to your blog.
    I pray that Canadians will keep their cool this weekend and next week in Ottawa. How do you see our PM handling it? He has to do something and quick!
    Xo Julie

  • Herb Craig

    December 14, 2021 |

    As always awesome job Harold. It seems whatever you do in life the end result is always the same professional, accurate, inclusive and entertaining. You have always been a class act and a great fellow policeman to work with. We had some awesome times together my friend. I will always hold you close as a true friend. Keep up the good work. Hope to see you this summer.
    Warm regards
    Herb Craig

  • Harold McNeill

    November 26, 2021 |

    Hi Dorthy, So glad you found those stories and, yes, they hold many fond memories. Thanks to social media and the blog, I’ve been able to get in touch with many friends from back in the day. Cheers, Harold

  • Harold McNeill

    November 26, 2021 |

    Well, well. Pleased to see your name pop up. I’m in regular contact via FB with many ‘kids’ from back in our HS days (Guy, Dawna, Shirley and others). Also, a lot of Cold Lake friends through FB. Cheers, Harold

  • Harold McNeill

    November 26, 2021 |

    Oh, that is many years back and glad you found the story. I don’t have any recall of others in my class other than the Murphy sisters on whose farm my Dad and Mom worked.

  • Harold McNeill

    November 26, 2021 |

    Pleased to hear from you Howie and trust all is going well. As with you, I have a couple of sad stories of times in my police career when I crossed paths with Ross Barrington Elworthy. Just haven’t had the time to write those stories.

  • Howie Siegel

    November 25, 2021 |

    My only fight at Pagliacci’s was a late Sunday night in 1980 (?) He ripped the towel machine off the bathroom wall which brought me running. He came after me, I grabbed a chair and cracked him on the head which split his skull and dropped him. I worried about the police finding him on the floor. I had just arrived from Lasqueti Island and wasn’t convinced the police were my friends. I dragged him out to Broad and Fort and left him on the sidewalk, called the cops. They picked him up and he never saw freedom again (as far as I know). I found out it was Ross Elworthy.