Lorne Sossin’s essay on independence of quasi-judicial bodies is thoughtful, insightful and timely (“Does Independence Matter?” July/August 2008). However, this is but a part of a larger change in government.
One can also look at the narrowing of the sources of advice to government, the increasing centralization of government, the increasing importance of ideology and the increasing use of the courts to settle political differences. Much of this is the trend in Westminster parliamentary democracies.
In all Westminster governments there is an increasing centralization of authority. This is partly a response to the increasing complexity of public policy problems, more leader-to-leader problem solving, the ceding of sovereignty to supranational bodies and the compression of the news cycle. This has been going on since at least the Trudeau years when the Prime Minister’s Office was first acrynomized as PMO. It continued through Mulroney. But it was the Chrétien focus on control that prompted Donald Savoie to write Governing from the Centre. It has now been taken to the next level.
What we observe in Canada and the Republican United States is the doctrinal focus on less government, rather than better government. David Frum’s Comeback suggests that doctrinal governments of the right based on dogma fail to focus on a positive role for the state in solving problems for real people, preferring to stress getting government out of the way rather than using their power to address policy. Unfortunately, this is consistent with reducing the independence of regulatory bodies.
And using the courts to settle political differences (as in the Cadman affair) reduces the legitimacy of Parliament as a venue for political conciliation.
However, the development that I believe holds the most potential for damage is the undervaluing of the role of the public service in providing non-partisan, professional, courageous advice. Again, while this may look like a new development, it is just the next step in a continuing trend. We risk the decline of both the public service capacity and the demand by the political class for its advice. The current clerk of the Privy Council, Kevin Lynch, is determined to revitalize the capacity of the service. However, governments have found party, ideology, special interests, nongovernmental organizations and think tanks as increasingly viable sources of advice. The problem is that governments tend to find the advisors who think like them. The outsourcing of policy advice to blue ribbon panels, excellent as their members may be, is also a harbinger of a lesser role for the public service.
Government interference in quasi-judicial regulatory bodies is not new. It is not desirable. Sossin rightly points to Parliament as the place to resolve these differences. I am afraid that the roles of the institutions of Parliament, the public service and quasi-judicial bodies are succumbing to the increasing complexity of governing, globalization and ideology. Would that it were only so simple as having more tools than just hammers.
Mel Cappe
Ottawa, Ontario