Whitehorse Daily Star

Clerk watched legislature set precedents

Ed. note: the first part of this two-part article was published Friday. During 28 years as clerk of the legislative assembly, Patrick Michael has watched the elected members face many challenges.

By Whitehorse Star on November 6, 2006

Ed. note: the first part of this two-part article was published Friday.

During 28 years as clerk of the legislative assembly, Patrick Michael has watched the elected members face many challenges.

But as the smallest assembly in the country, time can sometimes be one of the largest challenges, he says.

'Aside from question period, there really isn't that much competition to gain the floor,' says the clerk who announced last week he is set to retire in March 2007.

It means, that while in larger assemblies MLAs may be clambering to get their chance to speak to the floor, in the Yukon, some members dread it.

The territory's elected representatives often are trying to find ways to 'chew up' time rather than use it effectively, he says a stark difference from elsewhere in the country.

Timing, however, has also been an area in which the territory has set a precedent.

In 1985, while Sam Johnston was the first aboriginal Speaker in an assembly in Canada, it was found that he sometimes had trouble interrupting members to make them get to their point, says Michael.

During question period, it was adopted that Johnston wouldn't have to interrupt them to tell them to keep on topic, but he would have to ensure that time was distributed equally.

'The clock became a vital part of it.'

Members would be given one minute to ask a question and responses were allotted a minute and a half.

'To our surprise, we turned out to be the first assembly that ever kept track of timing in question period.'

It, however, became a practice adopted in other parts of the country, including the House of Commons.

It is not the only procedure implemented under Michael's tenure that has set a precedent in the country.

How Speakers cast their votes has also been influenced by the Yukon.

Speakers tend to cast their votes to support the status quo.

When a vote is tied, the Speaker is meant to, in a non-partisan and unbiased fashion, cast his or her ballot in favour of continuing the debate.

'When you'd reached the end of the road and there could be no further debate, the Speaker should vote no,' says Michael.

But in the Yukon, in 1985, the New Democrats formed their first `government. When the house was tied with eight-eight seats, it became apparent the Speaker may be casting a vote far more often than in other Canadian jurisdictions.

With its few seats and sometimes tied situations, the Yukon's Speaker may be casting confidence votes that could send the territory into an election.

It was decided, through the work of Michael in the background, that on confidence votes, the Speaker would vote in favour of the government a decision that went against tradition and popular opinion among clerks and Speakers across the country.

'For the good of this territory, if we're going to have this work, we've got to have the Speaker voting yes on a confidence matter,' he says.

Michael had to argue at national conferences that it was the right choice, and he gained the support of the political parties in the territory. Now its acceptance has spread further.

'What I know we're seeing is that across the country, that procedural initiative in the Yukon has taken hold and will continue to take hold.'

A Yukon experience in 1980 also has had widespread implications for Canada, when then-Justice minister Doug Graham's phone was wire-tapped by the RCMP.

The investigation into a local hotelier was being conducted on legislative assembly property without the consent of the Speaker.

'Nobody here knew about it,' says Michael.

Upset by the RCMP entering the precincts without permission, the house struck a special committee that found there had been a breach of the assembly's privileges. It was recommended that information be sent to the Solicitor General of Canada to develop a new operational policy for the RCMP.

It took seven years, but the Solicitor General did develop a new policy for the RCMP in relation to an entry onto legislative precincts it is now a procedure that has been enforced across the country.

Michael says he has seen great changes during his time as clerk not just in the territory but in the way the office of the legislative assembly operates and the impacts of technology.

Clerks are meant to serve as parliamentary experts and to provide continuous and lasting advice on parliamentary procedure and the political institution itself to elected representatives.

Often clarifying and defining procedure, clerks usually look to other jurisdictions in Canada and the Commonwealth.

Getting an answer to a question, even from just other Canadians, used to take up to a month. Now, through the Internet, Michael can easily get in contact with clerks from around the world to discuss parliamentary procedure.

He says he can have answers to an inquiry and a decision in just two days now, and the members of the assembly know it.

'You start to get these responses back beginning within moments,' he says. 'I think sometimes we lose out on the analytical side. There's this great machine that needs to be fed.'

Technology is also likely going to be one of the challenges that clerks face in defining procedure over the coming years, he adds.

There is a push for laptops and BlackBerries to be permitted inside the elected chambers.

'That will be the next thing to watch in the house.'

With the wireless information technology, it becomes a question of whose thoughts are being transmitted in the assembly and whose voices the electors want to hear, says Michael. There's a danger of staff just sending out responses to the chamber and MLAs just reading off of computer screens.

'It diminishes what this place is about and what your position is as a member.'

The assembly will have a lot to think about as it begins its five-month search for a replacement for Michael.

It will be the first time since the introduction of party politics in 1978 that the assembly will have to determine how to replace its clerk.

'This is not something where Premier Dennis Fentie gets to do this. This is the assembly, not the government,' says Michael. 'It's up to the house, itself, to make some decisions on this.'

Michael says he expects the discussions to be led by the Speaker and the members services board.

But it isn't as simple as just recruiting a new clerk or promoting deputy clerk Floyd McCormick.

Michael is also the only remaining clerk in Canada to also serve as the chief electoral officer.

The assembly will have to make some hard decisions about whether it intends to keep the two positions in one office, he says.

It's a transition period, says Michael, and with a new government just re-elected, the timing feels right for the institution.

At 55 years old, and having spent more than half his life in the assembly, he says the timing also felt right for him.

He still isn't sure exactly what retirement means for him, though. He suspects it includes a lot of golf, some writing and learning more about digital photography.

'There's a little bit of a guilt feeling that goes with it,' he says. 'I've been extremely fortunate in having come here at quite a vital time in the Yukon's evolution. I have been honoured to serve the Yukon Legislative Assembly.'

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