As is the case with most parliamentary debates, the key person mediating the flag debate of 1998 was the Speaker—in this case Gilbert Parent. Understanding the constitutional role of the Speaker of the House of Commons is important to understanding the procedures and the dynamics involved in the conflict that developed.

The Office of the Speaker originated in the British Parliamentary system in the Middle Ages, when citizens needed a representative to speak to the King on their behalf. It wasn’t always a popular position to hold. Legend tells of some Speakers losing their heads on orders from a displeased monarch. The role of the Speaker has changed, but it is still a position that comes with risks, given the Speaker’s role of arbitrator and keeper of order in what are often boisterous and emotional debates.

The Speaker is the most senior official in the House of Commons and acts as House spokesperson to the Senate and to the Crown. When the House is sitting, the Speaker is responsible for maintaining order, which is accomplished by enforcing rules of debate, applying and interpreting the practices and traditions of the House, and, in theory, always maintaining impartiality. The Speaker is elected in a secret ballot by all MPs but does not participate in debates or votes unless there is a tie vote among the MPs. The Speaker must maintain a balance between two fundamental principles in the operation of Parliament: allowing the majority to conduct its business efficiently while allowing the minority parties to be heard. All debate must take place through the Speaker, and not directly between MPs. In addition to fulfilling the same obligations to his constituents as any other federal MP, the Speaker heads a large administrative department providing various other services to MPs.

Gilbert Parent and the Flag Debate
The following statement appeared in The Globe and Mail on March 12, 1998. “Last Sunday some Liberal and Reform MPs were quoted as saying that Mr. Parent should be replaced as Speaker if he ruled in favour of the Bloc’s position [that no flags should be allowed in the Commons]. On Monday, the House debated whether these remarks were an attack on the Speaker’s integrity.” The irony of this situation is that Parent presided over a debate that was questioning his own integrity as Speaker but because of his position he could not participate in the debate.

The position in which Speaker Parent found himself was expressed well on CBC Radio’s program The House: This Week in National Politics that was broadcast on March 14, 1998. Host Jason Moscovitz’s guest was former Speaker of the House John Fraser. Moscovitz remarked that Speaker Parent “very much wants you to speak out at this point.” Referring to Opposition Leader Preston Manning’s claim that the central issue was one of freedom of expression, Moscovitz stated that “like a lot of things in political life, it [the flag discussion] is a lot more complicated.” Fraser explained that if MPs want to display flags and sing in the House, then the House must vote to change the rules to allow it. The Speaker is bound by tradition, custom, and rules to forbid the kinds of activities that occurred on February 26, 1998. Interrupting an MP when he or she has been given the floor is an act of disorder.

In an effort to resolve the question and to avoid having to rule arbitrarily, Speaker Parent, who had ruled out of order the displaying of the national flag or any flag on MPs’ desks, encouraged the party leaders to come to an agreement among themselves. They failed to do so. The Reform Party then put forth a motion to change the House rules to permit small Canadian flags to be displayed on MPs’ desks. The motion was defeated.

Discussion and Follow-up Activities
1. Today, there is an increasing emphasis in conflict management on mediation skills and mediation in general as opposed to legislating an end to a conflict in which a third party imposes a decision that may or may not be acceptable to the parties involved. Mediation involves constructive negotiating techniques such as the reframing of issues in more neutral or positive terms in order to de-escalate potential conflict, helping parties themselves define the issues, providing a non-judgmental framework for resolving the dispute, and avoiding adversarial language and procedures. From what you have observed in this News in Review report, what are the key mediation skills a Speaker requires in a debate such as this? What mediation skills might MPs use to help solve the conflict? To what extent do you feel that the House of Commons may in fact be a forum for conflict as opposed to mediation?

2. Brainstorm a list of other situations, professions, or jobs in which a person has to perform a function similar to that of Speaker of the House. Suggest how each might use mediation skills to manage conflict.

3. Obtain an image of the Speaker’s chair and research its history. What symbolism is involved with the chair? Locate the mottos on the chair and discuss their relevance. How would you feel if you occupied the Speaker’s chair?

4. A common classroom activity relating to important issues has often been to conduct formal or informal debates in which one side wins through the effective stating of a case. Suggest why a mediation approach might be a better way to achieve common understanding of a complex issue. At the same time, suggest why classroom debates have been considered effective learning experiences. Do you agree that they are?

5. Research the role of the Speaker and write a summary of how this office functions. What are the key issues and principles that the position of the Speaker represents. You may wish to begin by accessing the Précis of Procedure, Fifth Edition and the Government of Canada Web site at www.parl.gc.ca/precis/chap1-e.htm.