PROC Committee Report

Procedure and House Affairs Committee – Liberal Party of Canada Dissenting Report on the Reasons for Prorogation

Demonstrated Commitment to Transparency and Accountability

Our Government has demonstrated a clear commitment to transparency and accountability regarding prorogation, and it has held itself to a higher standard than any Government in Canada’s Parliamentary history. Standing Order 32(7) was a change to the rules that govern the House of Commons that was suggested and made during the 42^nd Parliament under the leadership of Prime Minister Justin Trudeau.

This change to the Standing Orders requires all future Governments to table a report giving its reasons for prorogation within 20 sitting days after prorogation.

Our Government complied with Standing Order 32(7) by tabling a detailed report providing a rationale for prorogation in October 2020.[1]

The report was then referred to the Standing Committee on Procedure and House (PROC).

And although no study of the report was required, Members of Parliament from the governing party supported opposition members’ desire to conduct a study into the report. 

The PROC Committee heard from a variety of witnesses that spoke to prorogation from a historical and procedural perspective, as well as the Government House Leader and the Assistant Secretary to the Cabinet.

A ‘Significant Event’: An Unprecedented Public Health Crisis

From the testimony given by witnesses who appeared before PROC, a list of the many legitimate reasons provided for prorogations in the past was developed by parliamentary analysts and included in the report. 

One of those reasons came from the paraphrased testimony (below) of Phillippe Lagasse, Associate Professor, University of Ottawa:

Parliament may have been in a parliamentary session for an extended period of time and the government wishes to start afresh; a significant event could compel the government to pursue a new slate of legislative measures; or a government may wish to put forth a new parliamentary agenda…

There can be no question that a global pandemic qualifies as both a significant event and a legitimate foundation for the Prime Minister to provide advice to prorogue to the Governor General. 

The COVID-19 pandemic has had massive, uneven, far-reaching and wide-ranging health, economic and social impacts on Canadians.  

In order for the Government of Canada to respond effectively to Canadians’ changing needs during the COVID-19 pandemic, it made sense for the Government to take time and listen to Canadians between the first and second waves of the pandemic. 

If proroguing Parliament during the greatest public health crisis of our age with economic impacts ten times greater than that of the 2008-2009[2] economic crisis is not a legitimate reason to prorogue, then no reason could ever be deemed adequate. 

A review of historical parliamentary prorogations reveals a notable example over 100 years ago during the 13^th Parliament and the 1918 influenza.  Canada’s Parliament was in fact prorogued from May 24^th, 1918 until February 2^nd, 1919, a period of over nine months.[3]

In 2020-2021, COVID-19 has had a significant and sustained impact on Canadians, their health, jobs, and livelihoods.

In September 2020, the Chief Statistician of Canada released a report entitled The Social and Economic Impacts of COVID-19: A Six-month Update that provided an in-depth analysis of the significant impacts that COVID-19 had had on all aspects of Canadian life. 

A few of the key findings from this report follow:

• The health impacts of COVID-19 go beyond the effects of the virus;
• The economic impacts of COVID-19 have been uneven across population groups;
• The impact of COVID-19 on economic activity have been unprecedented and highly uneven across sectors;
• The social impacts have also been uneven – greater impacts on those population groups with pre-existing vulnerabilities;
• Managing the pandemic moving forward – Canadians are willing to take precautions to slow the spread of COVID-19, but differences across groups are apparent.[4]

It was important that the Government review evidence and listen to Canadians to ensure a timely, effective, relevant response, but most importantly to prepare for a second wave of the pandemic.

Throughout the pandemic, our Government has listened to the science, evidence, and Canadians to put in place necessary public health and economic measures to protect the health and safety of Canadians, their jobs, and their livelihoods.

Re-evaluating Priorities and Resetting the Legislative Agenda

The need to re-evaluate the Government’s priorities and reset the legislative agenda was clearly based on a global pandemic that was not only affecting Canada, but also countries around the world.

While the Government had been given a mandate from Canadians in 2019, it was important for the Government to go back to Canadians and listen to what their needs were following the first wave of the COVID-19 pandemic.

Prorogation was clearly a tool to give the Government an opportunity to consult, re-evaluate and reset its priorities. 

In fact, the consultation process during prorogation included caucus consultations, community-based consultations, departmental consultations with key stakeholders, inter-departmental consultations, cross-party consultations, and inter-governmental consultations. 

This extensive consultation process, coupled with data gathering, evidence and analysis, was combined to ensure that the Government’s ongoing COVID-19 response continued to reflect the needs of Canadians.

The Government listened to and delivered for Canadians.

According to CTV, “the throne speech focused heavily on the reality of a resurging COVID-19 spread. It's stated plainly in the speech that it is the government's top priority.”[5] 

The COVID-19 response was the Government’s primary focus and is evident to anyone reading or listening to the Speech from the Throne. The entire speech is organized around four central themes which include: 1) Protecting Canadians from COVID-19, 2) Helping Canadians through the Pandemic, 3) Building Back Better: A Resiliency Agenda for the Middle Class, and 4) The Canada We’re Fighting For.

There are many priorities in the 2020 Throne Speech that did not appear in the 2019 Throne Speech. 

A summary of the unique aspects of the 2020 Throne Speech are found below under each theme:

• Protecting Canadians from COVID-19
  • Expanding testing and tracing
  • Targeted financial supports for businesses (esp. hardest hit industries)
  • $19 Billion Safe Restart Agreement
  • $2 Billion Safe Return to Class Fund
  • Expanding COVID Alert Application
  • Procuring vaccines and building capacity for distribution
• Helping Canadians through the Pandemic
  • Launch campaign to create 1 million jobs and restore employment to pre-pandemic levels
    • Extend the Canada Emergency Wage Subsidy
    • Scaling up Youth Employment and Skills Strategy
    • Eliminating Internal Trade Barriers
  • Launching the Canada Recovery Benefit and transitioning workers from CERB to the EI system – covering gig and self-employed workers (i.e. a 21^st century EI system.)
  • Launch an Action Plan for Women in the Economy to deal with the impacts of COVID-19 on women’s economic participation
  • Introduce a Canada-wide Early Learning and Child Care System – covering before and after school costs
  • Accelerate the Women’s Entrepreneurship Strategy
  • Expand and improve supports for businesses
    • Expand the Canada Emergency Business Account
    • Improve the Business Credit Availability Program
    • Introduce further support for the hardest hit sectors such as travel and tourism, hospitality, and cultural industries
  • Fiscal Sustainability
    • Helping Canadians in the short-term, doing whatever it takes for as long as it takes
    • Long-term focus on targeted investments to help the middle class, build resiliency and generate growth
    • Taxing extreme wealth inequality
    • Addressing corporate tax avoidance by digital giants
• Build Back Better: A Resiliency Agenda for the Middle Class
  • Addressing Gaps in our Social Systems
    • Strengthening Long-term Care across Canada
      • Developing National Standards
      • Taking additional actions to help people stay in their homes longer
    • Make amendments to the Criminal Code to penalize those who neglect seniors under their care
    • Further targeted measures to support personal support workers
    • New Canadian Disability Benefit modeled under the GIS
    • Expanding capacity to deliver virtual healthcare
    • Increase mental health resources
  • A Stronger Workforce
    • Making the largest investment in Canadian history in training for workers
    • Free automatic tax filing for simple returns
  • Taking Action on Extreme Risks from Climate Change
    • Plan to exceed Canada’s 2030 climate goal
    • Launch a new fund to attract investment in making zero-emissions products and cut the corporate tax rate in half for these companies to create jobs and make Canada a world leader in clean technology
    • Moving forward with a Clean Power Fund
• The Canada We’re Fighting For
  • Addressing Systemic Racism
    • Taking action on online hate
    • Going further on economic empowerment for specific communities and increasing diversity on procurement
    • Building a whole-of-federal-government approach around better collection of disaggregated data
    • Implementing an action plan to increase representation in hiring and appointments, and leadership development within the Public Service
    • Taking steps to support the artistic and economic contributions of Black Canadian culture and heritage
    • Modernize training for police and law enforcement, including addressing standards around the use of force
    • Introduce legislation and make investments that take action to address the systemic inequities in all phases of the criminal justice system, from diversion to sentencing, from rehabilitation to records
  • Protecting Two Official Languages
    • Strengthening the Official Languages Act
  • A Welcoming Canada
    • Continue to bring in newcomers and support family reunification

Shortly after the new Throne Speech was delivered by the Governor General of Canada, opposition parties were given the opportunity to vote in the House of Commons.  It was a Confidence Vote.

The result of the vote showed that the Government maintained the confidence of the House of Commons, albeit under a fresh mandate with many unique priorities set out in the new Throne Speech.

Conventional Use of a Routine Parliamentary Tool

Throughout the testimony given by witnesses at the PROC Committee, prorogation was often referred to as a ‘routine procedure’ to end a parliamentary session.[6] 

In fact, the Annex of this report shows the long history of parliamentary prorogations in Canada. 

Since winning the 2015 election, our Government, under Prime Minister Trudeau’s leadership, has enjoyed one of the longest periods without a prorogation in Canadian history: namely, once in six years.

In stark contrast, the historical average is three prorogations per Parliament.

Moreover, the August 2020 prorogation was not unusually long. The average prorogation is approximately 40 days and the prorogation during the COVID-19 global pandemic was only 36 days. 

Furthermore, the timing of prorogation minimized the impact on the parliamentary calendar, as Parliament was already in summer recess; and when the new calendar is compared with the original parliamentary calendar, only one sitting day was lost.

It is important to note that after prorogation most committees adopted motions and continued their work. The only work that Standing Committees did not continue were orders of business that the opposition parties did not want to continue. 

A majority of the witnesses that testified at PROC clearly said that there was “no abuse” of power.

On the other hand, former Conservative Prime Minister Stephen Harper prorogued four times during his nine years in power.

In fact, so controversial were the prorogations under Stephen Harper that journalist Aaron Wherry wrote in Maclean’s Magazine in August 2013, “That prorogation is now a rather fraught exercise is almost entirely the result of the actions of Mr. Harper …Having used it to avoid a confidence vote in 2008 and having scuttled a committee investigation of the treatment of Afghan detainees when he asked the Governor General to prorogue Parliament in 2009, Mr. Harper made prorogation a focus of debate and suspicion.”[7]

Timing and Effect of Prorogation

The timing of the prorogation corresponded to a reduced number of COVID-19 cases in Canada following the spring 2020 wave.  

Yet European countries were already showing early signs of a second wave. 

In August 2020, Canadians were concerned about a second wave of COVID-19, preventing cases and deaths in long-term care, and the health and safety of their children as the September school term loomed.

We cannot forget that the first wave of COVID-19 was marked by the tragedy in long-term care (LTC). The number of LTC homes in Canada that had a COVID-19 outbreak totalled almost 1200. There were over 21,000 resident cases and over 7000 deaths, with these deaths accounting for almost 80 per cent of all deaths in the first wave.

Moreover, on September 8th, hundreds of thousands of children and teenagers across Canada would re-enter classrooms for the first time in six months.

On September 23rd, the Governor General delivered the Speech from the Throne and the Prime Minister said the second wave of COVID-19 was underway in Canada. 

The reality is our Government prorogued in August 2020 in order to prepare for a second wave of COVID-19, to protect the health and safety of Canadians, and to protect their jobs and livelihoods. 

During Prorogation, our Government announced $2 Billion to help provinces and territories to support a safe return to schools for our children.

The Throne Speech, Fall Economic Statement and Budget 2021 addressed the crisis in long-term care with a total investment of $4 Billion.

It is also important to note that the vast majority of Standing Committees reintroduced orders of business from the first session with one sweeping motion after prorogation allowing them to pick up where they left off. 

Exoneration of the Prime Minister from a Conflict of Interest

Studies on the topics of the Canada Student Service Grant (CSSG) and WE Charity continued after prorogation at the Finance and Ethics Committees.

Most importantly, there was a thorough and independent investigation conducted by the Office of the Conflict of Interest and Ethics Commissioner.

The Prime Minister was found not guilty of any actual or potential conflict of interest related to WE Charity or the administration of the CSSG.

Section 7 of the Conflict of Interest Act prohibits public office holders from giving preferential treatment to a person or organization.  The Commissioner found that, “The evidence also shows that Mr. Trudeau had no involvement in ESDC’s recommendation that WE administer the CSSG.  I am satisfied that Mr. Trudeau did not give preferential treatment to WE.”[8]

This finding is clear: the Prime Minister did not give any preferential treatment to WE Charity.

Under subsection 6(1) of the Conflict of Interest Act public office holders are prohibited from making or participating in the making of a decision that would place them in a conflict of interest.  Regarding this section, the Commissioner found that, “I am satisfied that there was no opportunity to further Mr. Trudeau’s own interests or those of his relatives from WE’s role as administrator of the CSSG or from its Social Entrepreneurship proposal.”[9] 

After a full investigation, the ruling is clear: the Prime Minister had ‘no opportunity’ to further his or his family’s private interests. 

Furthermore, the Commissioner also found that, “…there is no evidence of impropriety in relation to Mr. Trudeau’s decision making in relation to WE’s Social Entrepreneurship proposal or WE’s administration of the CSSG.”

Lastly, under section 21 of the Conflict of Interest Act, public office holders are required to recuse themselves from any discussion, decision, debate or vote on any matter in respect of which they would be in a conflict of interest. 

The Commissioner found, “Although Mr. Trudeau has acknowledged publicly that he should have recused himself because of the appearance of a conflict of interest, there is no requirement to do so under the Act in such circumstances.”[10] 

In other words, recusal from decision making is only required when there is a real or a potential conflict of interest, and neither of those were consistent with the Commissioner’s findings.

In fact, the appearance of a conflict of interest does not constitute a real or even a potential conflict of interest.  This means that the Prime Minister apologized even though he did not violate the Conflict of Interest Act.

The main conclusion is summarized in the Executive Summary as follows: “I therefore found that Mr. Trudeau did not contravene subsection 6(1), section 7 or section 21 of the Act.”[11]

Despite the complete exoneration of the Prime Minister after a full investigation into this matter, the opposition parties in all proceedings at PROC and within the House of Commons have pushed a narrative that falsely claims that prorogation was used for tactical or political reasons.  This blatant disregard for the facts and evidence demonstrates how opposition parties have only one motive which is to push the narrative which is politically advantageous to them at all costs. 

Conclusion

All Canadians understand that there is no better reason for prorogation than a once-in-a-century global pandemic. 

Today over 1.4 million Canadians have contracted COVID-19 and 26,000 Canadians have died. Many more people have experienced the loss of a relative or loved one, and everyone knows the feeling of having their lives turned upside down by the public health emergency.

At a time when lives and livelihoods are at stake, people have made massive sacrifices in every aspect of their daily lives to help fight the pandemic and keep each other safe.

Canadians understand that their the Federal Government needed to take some time to reset its agenda and ensure that they put Canadians’ needs first. 

Responsible government is about being responsive to the changing needs of a population which may be challenging at the best of times, let alone in the midst of a global pandemic with the situation evolving daily.

If a global pandemic is not a good enough reason to prorogue parliament, then what is?

Finally, there was no public outcry, and no one was marching in the streets over our Government’s use of prorogation, unlike in Stephen Harper’s era.

Our Government used prorogation to re-evaluate and reset the agenda, and to set priorities to better meet the needs of Canadians.