Opposition in Canada

Definition of Opposition by Rand Dyck and Christopher Cochrane (in their book “Canadian Politics: Critical Approaches”) in the context of political science in Canada: Those members of Parliament who do not support the government of the day.

Opposition days

Twenty-two days per session set aside in the House of Commons for the opposition to determine the topic of debate and for the government to respond.

Opposition in the Parliament

Functionally, the House is divided into three groups: the Ministry and its Parliamentary Secretaries, Members who support the government, and Members who oppose the government.[1] The role of the opposition is key to our system of parliamentary democracy. Prime Minister Wilfrid Laurier put it succinctly when he said:

“… it is indeed essential for the country that the shades of opinion which are represented on both sides of this House should be placed as far as possible on a footing of equality and that we should have a strong opposition to voice the views of those who do not think with the majority.” [2]

Members in opposition may belong to registered parties or they may be independent of any party affiliation.[3]
By convention, the opposition party with the largest number of seats in the House is designated as the Official Opposition (and referred to as “Her Majesty’s Opposition”[4]), although nowhere is this set down in any Canadian rule or statute.[5] The Official Opposition has precedence over the other recognized parties in opposition. On all government bills and motions, a representative of the Official Opposition is usually the first to be recognized in debate following the lead speaker from the government. Debating time in the Chamber is typically allocated among the remaining parties roughly in proportion to the number of seats each holds in the House.[6] When parliamentary committees present reports in the House which are accompanied by supplementary or dissenting opinions or recommendations, a committee member from the Official Opposition, representing those who supported the opinions or recommendations, may rise and offer a succinct explanation.[7]

Should an equality of seats among the largest opposition parties occur, the Speaker may be called upon to decide which party should be designated as the Official Opposition. In 1996, when a tie occurred between the two largest opposition parties during the course of a Parliament, Speaker Parent ruled that incumbency was the determining factor and that the status quo should be maintained.[8]

If the leader of the party designated as the Official Opposition holds a seat as a Member of the House, he or she automatically becomes Leader of the Opposition.[9] If that party leader does not have a seat in the House, the caucus of the Official Opposition may designate another of its members to act as Opposition Leader.[10]
The office of Leader of the Opposition has been formally recognized since 1905 when Parliament voted to give the incumbent an additional salary allowance, equal to that provided to Cabinet Ministers.[11]

The Opposition Leader is accorded certain rights and privileges, including the right to a seat on the Board of Internal Economy,[199] the right to a seat in the front row of the Chamber directly across the floor from the Prime Minister, and the right to unlimited time to participate in debates,[200] unless otherwise provided. Traditionally, the Speaker recognizes the Leader of the Opposition as the first to ask a question during the daily Question Period, should he or she rise to seek the floor.[12] Each year, under the Standing Orders, the Leader of the Opposition is permitted to select, in consultation with the leaders of the other opposition parties, the main estimates of two departments or agencies for consideration in Committee of the Whole for up to four hours. The Standing Orders also empower the Opposition Leader to extend a committee’s consideration of the main estimates of a specific department or agency.[13]

The leaders of the other recognized opposition parties usually sit in the front row of the Chamber[14] and are the first members of their party to be given the floor should they rise to ask a question during Question Period.[15] Some statutes require that the government consult with the Leader of the Opposition, as well as other party leaders, when certain actions are contemplated or prior to making certain sensitive appointments.[16] The Standing Orders provide that the Speaker, after consultation with the leaders of each of the officially recognized parties, announces to the House the names of the Members for the positions of Deputy Speaker of the House and Chair of Committees of the Whole, Deputy Chair of Committees of the Whole, and Assistant Deputy Chair of Committees of the Whole. Each announcement is followed by a motion for the election of the designated Member, deemed to have been moved and seconded, and the question is put immediately without debate or amendment.[17] Moreover, the Standing Orders of the House provide an opportunity for recognized opposition parties to respond to Ministers’ statements,[18] to propose motions on allotted or opposition days[208] and to chair certain standing committees.[19]

Source: House of Commons Procedure and Practice, Second Edition, 2009

Resources

Notes

1. Stewart, p. 17. There are often occasions where opposition Members or parties will vote the same way as the government on a particular issue.
2. Debates, July 17, 1905, col. 9729‑30.
3. Members of registered parties with fewer than 12 sitting Members are entitled to have their party affiliation noted, along with their name, on the television screen and in official House records. They are also permitted to be seated together in the Chamber. See Speakers’ rulings, Debates, December 13, 1990, pp. 16705‑6; June 16, 1994, pp. 5437‑40. There have been instances where parties which did not have 12 sitting Members claimed the status of a recognized party. Speakers have been clear in rulings that it is up to the House itself to decide such matters. See Speakers’ rulings, Journals, September 30, 1963, pp. 385‑8; February 18, 1966, pp. 158‑60; Debates, October 11, 1979, p. 69; November 6, 1979, p. 1009; June 16, 1994, p. 5439.
4. Wilding and Laundy, 4th ed., pp. 509‑10. Also referred to as “Her Majesty’s Loyal Opposition” to emphasize the notion that an opposition is loyal to the Crown (Schmitz, G., The Opposition in a Parliamentary System, Ottawa: Library of Parliament, December 1988).
5. The only exception to this in the history of the House of Commons came in 1922 when the Progressive Party won the second highest number of seats but declined to assume the role of Official Opposition. See Appendix 7, “Leaders of the Official Opposition in the House of Commons Since 1873”; Appendix 8, “Party Leaders in the House of Commons Since 1867”; and Appendix 12, “General Election Results Since 1867”.
6. For further information, see Chapter 13, “Rules of Order and Decorum”.
7. Standing Order 35(2).
8. Debates, February 27, 1996, pp. 16‑20. In the United Kingdom, the Speaker has statutory authority to determine who shall be designated as Leader of the Opposition in the House. See the Ministerial and other Salaries Act, 1975, U.K., s. 2(2). See also the ruling of Speaker Amerongen, Alberta, Legislative Assembly, Alberta Hansard, March 11, 1983, pp. 9‑11, and November 6, 1984, p. 1381; the ruling of Speaker Dysart, New Brunswick, Legislative Assembly, Journal of Debates (Hansard), December 16, 1994, pp. 5335‑41; and the ruling of Speaker Bruce, Yukon, Legislative Assembly, Votes and Proceedings of the Yukon Legislative Assembly, December 9, 1996, pp. 15‑9.
9. Party leaders who did not hold a seat and who did not automatically become Leader of the Opposition immediately following their election as leader of the party include: Robert Stanfield in 1967, Brian Mulroney in 1983, Jean Chrétien in 1990, Stockwell Day in 2000 and Stephen Harper in 2002, all of whom sought and won a seat in a by‑election before assuming that office. See Appendix 7, “Leaders of the Official Opposition in the House of Commons Since 1873”.
10. See, for example, the references to Eric Nielsen, Herb Gray, Gilles Duceppe, Deborah Grey and John Reynolds in Appendix 7, “Leaders of the Official Opposition in the House of Commons Since 1873”. However, in January 2004, following the merger of the Canadian Reform Conservative Alliance with the Progressive Conservative Party, Grant Hill served as interim Leader of the Opposition in the House of Commons because the new party did not yet have a leader. Stephen Harper was elected Leader of the new Conservative Party on March 20, 2004.
11. An Act to amend the Act respecting the Senate and House of Commons, S.C. 1905, c. 43, s. 2, now the Parliament of Canada Act, R.S. 1985, c. P‑1, s. 62.3(1)(g). Canada was the first of the Commonwealth Parliaments to fund the office of Leader of the Opposition.
12. Parliament of Canada Act, R.S 1985, c. P‑1, s. 50(2).
13. Standing Orders 43(1), 50(2), 74(1), 84(7) and 101(3).
14. For further information, see Chapter 11, “Questions”.
15. Standing Order 81(4)(a) and (b). The main estimates are the government’s projected annual spending plan. For further information, see Chapter 18, “Financial Procedures”.
16. For some time during the Thirty‑Fifth Parliament (1994‑97), the Leader of the Reform Party, Preston Manning, chose not to sit in the front row.
17. For further information, see Chapter 11, “Questions”.
18. Canadian Security Intelligence Service Act, R.S. 1985, c. 23, s. 34(1); International Centre for Human Rights and Democratic Development Act, S.C. 1985, c. 54 (4th Supp.), s. 7(2); and Referendum Act, S.C. 1992, c. 30, s. 5(2).
19. Standing Orders 7(1), 7(1.1), 8(1) and 8(2). See also Journals, April 5, 2006, pp. 21‑2; October 18, 2007, p. 25. For further information, see Chapter 7, “The Speaker and Other Presiding Officers of the House”.
20. Standing Order 33(1).
21. Standing Order 81(13).
22. Standing Order 106(2). In the case of the Standing Committees on Public Accounts, on Access to Information, Privacy and Ethics, on Government Operations and Estimates, and on the Status of Women, the Chair shall be a Member of the Official Opposition. In the case of the Standing Joint Committee on Scrutiny of Regulations, the Joint‑Chair acting on behalf of the House shall be a Member of the Official Opposition. For further information, see Chapter 20, “Committees”.

See Also

1. Politics
2. Political Science