On private determinations

Paul Willcocks has previously pointed out why there's reason for skepticism about Andrew Scheer's attempt to play both sides as to whether or not the Cons will try to limit access to abortion. But it's worth looking at a case study as to how the Harper Cons flouted any distinction between private member's bills and government bills when it suited their purposes.

Bill C-377, designed to impose reporting requirements on unions which don't apply to any other organization, was never included in any Con election platform. It was introduced as a private member's bill by Russ Heibert to make use of an advantageous draw in the order of priority, while avoiding the scrutiny that applies to government bills.

But the Senate returned it to the House of Commons with amendments. And at that point, the Cons made clear that it was Stephen Harper, not any MP acting on behalf of any constituents, who was dictating what to do with the legislation - and moreover that reintroducing it as a government bill was on the table:

Despite this being a private member’s bill, the Prime Minister’s Office has been moved to issue a statement.

We continue to support union transparency and the principles of the bill, which will be returned to the House as part of the normal process.
As per Parliamentary convention, we expect that the Senate will respect the will of the House of Commons should the Bill be returned to the Senate.

A Conservative source tells the Canadian Press that the bill will now be reintroduced as a government bill.

That didn't happen in the House of Commons. But it did eventually happen in the Senate, as Harper's Cons broke the Senate's rules to retroactively reclassify C-377 as a "government bill" to allow it to be rammed through in the final session before the 2015 election:

The government has powerful tools to push forward on "government business" — important legislation such as budgets. But C-377 falls under "other business" because it is a private member's bill from a Conservative backbench MP.

Carignan wanted to have C-377 declared a government bill so that he could force it to a vote. The problem is that it clearly isn't government business. The government itself introduced it as "other business."

A government motion would have retroactively redefined C-377 as a government bill. This was the motion Speaker Housakos declared was against the rules and undermined the traditions of the Senate.

By overruling Housakos, government senators can now use tools intended for government bills to push forward a private member's bill that many have warned is unconstitutional.

In light of that background, what does Scheer have to say about anti-choice legislation?

Scheer’s efforts to clarify his views on abortion just made things murkier. “I will not re-open this debate and I will oppose any plan to re-open this debate,” he told reporters.

But he also said Conservative MPs would be allowed to introduce legislation limiting access to abortion. And to vote for restricting access, if that was their personal view. And while he would expect cabinet ministers to vote against limiting access, he wouldn’t demand they do.

So Scheer's supposed acceptance of the continued availability of abortion is limited to personally opposing a move to "re-open" debate. But that can be done by any MP introducing a private member's bill. And Scheer has signalled his willingness to permit that step within a party which exercises strict control over those bills in the first place - meaning that he'll be providing tacit approval even if he feigns public dismay.

And once that step has been taken? Scheer won't demand that any of his MPs vote to preserve the right to abortion access. And based on his own words, any step after the first one has been left open.

There's thus every reason for concern that Scheer will follow his predecessor's playbook. And any promise to leave the Cons' dirty work to private member's bills should only be taken as a reminder that they've used that mechanism to grease the skids for controversial legislation before.

Update: And Scheer's declaration that he'll use the Senate as a tool to exercise strict partisan control certainly doesn't help matters.