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Bill C-20 (39th Parliament, 2nd Session) committee  There are a number of quite complicated issues mixed up in your questions there. Excuse me if I just focus on a couple of them, perhaps. There's the issue of why the bill doesn't deal specifically with the Prime Minister's role and discretion in recommending nominees. I think the Prime Minister is left out of this bill because the Prime Minister is not mentioned in law with respect to Senate appointments to begin with.

May 7th, 2008Committee meeting

Prof. Andrew Heard

Bill C-20 (39th Parliament, 2nd Session) committee  Thank you, Madam Chair. First of all, I would like to thank you for inviting me. It is a pleasure and an honour to be here today. Bill C-20 represents a novel attempt at Senate reform that deserves substantial attention. Unfortunately, unlike many bills before Parliament, serious questions arise about whether this piece of legislation is within the legislative powers of Parliament.

May 7th, 2008Committee meeting

Prof. Andrew Heard

Procedure and House Affairs committee  Yes, I do. I believe that bringing forward the bill and having public discussion of it does highlight for the public the desire to keep majority governments to a normal four-year span. That is certainly what we've seen out here in B.C. I think it is also important to maintain some degree of flexibility to meet unforeseen circumstances that could come up.

October 5th, 2006Committee meeting

Prof. Andrew Heard

Procedure and House Affairs committee  I think it's really important to maintain the flexibility, and it is extremely difficult to be precise about what constitutes confidence. As an example, a motion was proposed in 2002, I believe, by Elsie Wayne that this House condemn the government for continuing to overstretch military personnel and so on.

October 5th, 2006Committee meeting

Prof. Andrew Heard

Procedure and House Affairs committee  Yes, I'd like to address an issue that was raised in second reading and comes up here as well, the desirability of the Prime Minister being able to draw a line and say that this is a matter of confidence. I think it's as important for the government to be able to set a matter as being a test of confidence as it is for the opposition to declare that something is a matter of confidence.

October 5th, 2006Committee meeting

Prof. Andrew Heard

Procedure and House Affairs committee  Yes. I agree with everything Professor Massicotte has said, and I would just add as well that a Governor General can only refuse dissolution if she is prepared to appoint another Prime Minister in place of the one who's offered the advice of dissolution, because it's a standing convention that if your advice is refused by the Governor General, then the Prime Minister should offer their resignation.

October 5th, 2006Committee meeting

Prof. Andrew Heard

Procedure and House Affairs committee  No, I think I'll pass on this one. Thank you.

October 5th, 2006Committee meeting

Prof. Andrew Heard

Procedure and House Affairs committee  Thank you very much. I'm going to read my initial comments to facilitate the translation process at this point. I will try to keep my comments brief, to the point, and touch on the three areas I was told the committee wished especially to hear about. I look forward to more detailed discussions with your questions.

October 5th, 2006Committee meeting

Prof. Andrew Heard

October 5th, 2006Committee meeting

Prof. Andrew Heard