This morning, Conservatives were talking the talk of conciliation in the matter of Afghan detainee documents — ministers and spin-doctors alike. And, in Question Period, Prime Minister Stephen Harper made clear that he was open to compromise with the opposition parties — the preference expressed by the Speaker in yesterday’s ruling. Toward that end, he invited his counterparts to come forward with suggestions as to how to reconcile the Speaker’s ruling with the government’s legal obligations, requirements of national security and the security of our troops in the field.
However, in answer to questions by the opposition leaders, Mr. Harper also made it clear that within the velvet glove was an iron fist.
True, as Liberal Leader Michael Ignatieff stated, Mr. Milliken ruled that it is up to MPs to define what constitutes national security. However, the opposition leaders should read that part of the Speaker’s decision in which he indicates that, for 140 years, MPs have been able to reconcile their privileges with the exigencies of national security. No doubt Mr. Harper will come forward with compromise proposals. The opposition leaders would be wise to do likewise, lest they find themselves naked on the campaign trail (if the polls are favourable) and naked before the justices of the Supreme Court (if they are not).
Let’s be clear: the Speaker is not the Pope. Indeed, contrary to some headlines, he does not even speak for Parliament, which includes the Crown and its prerogatives — only for the House of Commons. Moreover, the Speaker’s authority is subject to the Constitution, as interpreted by the Supreme Court of Canada. And, contrary to views expressed by some in the media, the Court — under section 53 of its Act — has no discretion in the matter but must accept a reference should the government decide that is the preferred course of action.
