Tony Nguyen vinh Thuong
This political essay was written
in December 1986. A very short information was added at the footnotes in 1995.The
Liberal- NDP Accord 1985 was a great turning point of the history of Ontario Government.
This article provides three parts: a brief history
of the Liberal-NDP Accord, an analysis of the Accord, and a prediction of the
fate of all three parties in the next election .
I.
A brief history of the Liberal-NDP Accord 1985 in Ontario, Canada:
On 2 May 1985, the provincial election day, the
people of Ontario voted and elected 52 Progressive Conservative (PC)members of
Parliament, 48 Liberal members of Parliament and 25 New Democratic Party (NDP)
members of Parliament; PC lost 20 seats. The Tories had only four more seats
than the Liberals, and were 11 seats short of majority. The Liberals took 37.9
per cent of the 3.6 million votes cast, the PC took 37 per cent and the NDP
took 23.8 per cent. No party had a majority in the Ontario Legislature. The NDP
with 25 seats held the balance-of-power.
So, the Liberals asked for the support of NDP in order to have a chance to form
a minority government in Ontario after 42 years the Liberals had been an opposition
party in the legislature; and the Conservatives also asked for the support of
NDP in order to have a chance to keep power in Ontario; PC had ruled for 42
years, no political party in any democratic countries in the world had
ruled as long as 42 years. Vice versa,
NDP had to decide whether to support the Liberals or the Conservatives. In
other words, NDP had to decide how to
handle their 25-seats-balance- of- power
in Ontario.
On 6 May 1985, the New Democrats met all day in
caucus to make the decision. It had been rumoured that there were two ideas :
one idea favored to continue its pattern in earlier minorities of supporting
the Tories on an ad hoc basis in exchange for legislative gains in 1975 and
1977; another idea was the thought of a possible coalition with the Liberals. At
this time, the New Democrats didn't want to deliver power to the Tories or the Liberals with just a smile
and a handshake. So, the caucus decided to keep its bargaining power by asking
both the Liberals and the Conservatives to negotiate a written deal that
included : a timetable for bringing in certain legislation; sunshine reforms to
open up the legislative process; a way to guarantee stability and no election
for at least two years.
On 10 May, 1985, all three parties appointed
negotiating teams. PC leader Frank
Miller appointed Larry Grossman as Chief Negotiator and Robert Elgie in favor of
dealing with NDP in order to keep 42
years of Progressive Conservative rule over Ontario. Liberal leader David Peterson appointed Robert Nixon and Ian Scott in favor of dealing
with the NDP in order to gain power. NDP leader Bob Rae appointed Ross McClellan. Both the Conservatives and the
Liberals accepted the idea of a written agreement. So, the important thing was
the contents of the Accord that should be negotiated.
On 24 May, 1985, at 12:15 P.M, McClellan called
Grossman and informed him that NDP caucus had decided to support the Liberals.
At 2:30 P.M Bob Rae announced publicly his party would support the Liberals. He
said that the NDP wanted to try something new.
On 28 May,
1985, the NDP and the Liberals signed " An agreement for a reform minority Parliament ". This historic Accord created an opportunity for
a change that ended 42 years of Conservatives government, and gave the Liberals
a chance to form a minority government in Ontario. This Accord was not a formal
coalition as the NDP did not receive any Cabinet seats in the minority
government. The two parties announced that they would defeat the Conservatives
by 18 June, 1985.
On 30 May, 1985, Bob Rae visited Lieutenant Governor
John Black Aird to inform him that the NDP would support a Liberal
administration, and gave him a copy of the Accord.
One question was raised: was the Accord legal ? - The answer was as
follows:
" (...).
The noose was now around Miller's neck, the non-confidence vote would take
place in eleven days. He had publicly threatened a legal challenge to the
constitutionally of the non-confidence vote section of the Liberal-NDP Accord.
But the weekend before the vote, Donald Smiley, the York University expert he'd
asked for an opinion, sent Miller ( Frank Miller ) his advice that the Accord
was legal. "
Rosemary Speirs, The
Tories' desperate bid to hang on, Toronto Star, October 15, 1986.
On 18 June, 1985, the Conservatives were defeated in
the Legislature and fell from power after 42 years. Robert Nixon, a former
Liberal leader gave a speech in the House that the Legislature voted 72-52 to
tell the Lieutenant Governor that the Conservative government had lost the
confidence of the House. The day after the vote, Frank Miller went to see John
Black Aird, the Lieutenant Governor, and informed Aird that he had lost the
confidence of the House and recommended Aird call on David Robert Peterson.
So, Aird would make a decision whether he found the
Accord unparliamentarily and dissolved the house for an election, or he would ask
Peterson to form a minority government. Aird issued a press release :
“...
I have this day asked Mr. David Peterson to form a government, he’s having assured
me that he can form a government which will have the confidence of the
Legislature Assembly for a reasonable length of time. On the advice of counsel
with whose opinion I agree, I have advised Mr. Peterson that the agreement
between the Liberal Party and the New Democratic Party has no legal force or
effect and that it should be considered solely as a joint political statement
of intent and that the agreement can not affect or impair the powers or
privileges of the Lieutenant Governor of Ontario nor the members of the Legislative
Assembly. "
A week later, Aird issued a second statement that he
had accepted the resignations of Miller and his executive council. David
Peterson was the first Liberal Premier of Ontario in 42 years.
II.
An analysis of the Liberal-NDP Accord :
The Accord guaranteed no election for two years from
the day that the leader of the Liberal Party assumed the office of Premier,
that was 26 June 1985; and set out an agenda of legislative reform proposals.
These proposals contained many elements in common. Obviously, this deal does not
expire until 26 June, 1987 in principle.
There were 3 documents in the Accord. Every document
had many items. In each document, we will analyze every item of the Accord ,
that is Legislative Reform Proposals in
the Accord, and the Action by the
Liberal government in accordance with the Accord and which item has been
implemented or which item has not implemented, and the purpose of each Bill.
*A
-Document 1 :
A.1 - Legislative
reform proposals in the Accord :
1.
Legislative Reform: Legislation on freedom of information and protection of
privacy.
2. Reform of the House by strengthening and
broadening the role of committees and individual members and increasing public
involvement in the legislative process. Select committees will be established
to investigate the commercialization of health and social services in Ontario
and to study and report on bilateral environmental issues affecting Ontario.
3. Changes to broaden the powers of the public
accounts committee and the provincial auditor to cover current and proposed
expenditures, and to reiterate the authority of the committee to direct
investigations of all aspects of public spending.
4.If Establishment of a standing committee on energy
to oversee Ontario Hydro and other energy matters.
5. Establishment of a select committee on procedures
for appointments in the public sector to recommend changes in the system of
recruitment and selection of public appointees.
6. Election financing reform to cover spending
limits and rebates, at both the central and local campaign level.
7. Re-definition and broadening of the rights of
public service workers to participation in political activity.
8. Electronic Hansard (television in the Legislative,
house of commons debates).
A.
2-
Action by Liberal government
1. Bill 34: An Act to provide for freedom of
information and protection of individual privacy. It was introduced on 22 April,
1986. It has been reviewed.
2. This item
has not been introduced yet.
3. Bill 88 :
An Act to amend the legislative Assembly Act. It was introduced on 18
Dec., 1985. It was passed in early 1986.
- Bill 89:
An Act to amend the Executive Council Act. It was passed in early 1986 .
- Bill 90
: An Act to amend the legislative Assembly Retirement Allowance Act. It was
introduced on 18 Dec.,1985. It was passed in early 1986.
4. This item
was implemented.
5. This item hasn't been introduced yet
6. Bill 77
: The Representation Act, which increases
the number of seats in the Legislature to 130 from 125,
and eliminates or changes the boundaries
of many ridings.
It was introduced and passed in early 1986.
- Bill
103 : The Election Finances Act, which puts limits on spending by candidates in
provincial elections and forces candidates in party leadership conventions to
disclose names of contributors. It was introduced and passed in early 1986.
7. Bill 85 : An Act to provide political Rights for
public servants. It gives public servants the sane political rights that all
other citizens enjoy in Ontario. It covers civil servants, crown employees of
community colleges and people working for agencies such as Ontario Hydro,
Workers' Compensation Board and the Ontario Northland Transportation Commission,
but excludes Deputy Ministers, officers of similar status in Crown agencies and
other senior policy-making officials.
It had been introduced on 17 Dec., 1985 and
has been controversial.
8. This item was implemented.
*B
-Document 2 : proposals
for action in first session from common campaign proposals to be implemented
within frame work of fiscal responsibility.
B.1 - Legislative reform proposals
in the Accord :
1. Begin implementation of separate school funding:
-Release
present draft legislation immediately.
- Introduce legislation upon a Liberal
government meeting the Legislature and refer to committee for public hearings.
2. Introduce programs to create employment and
training opportunities for young people.
3. Ban extra-billing by medical Doctors.
4. Proclaim the sections of the Environmental
Protection Act dealing with spills.
5. Reform Ontario's tenant protection laws,
including:
- Establishment
of a rent registry.
-
Establishment of a 4-per-cent rent review guideline.
-
Inclusion of the provisions of bill 198 as a permanent part of the Residential
Tenancies Act.
-
Extension of rent review to cover post-1976 buildings.
- An end
to the $750-a-month exemption from rent review.
6. Introduction of a rent review procedure to deal
with costs no longer born by landlords;
7. Introduction of enabling legislation to permit demolition control by municipalities.
Contract
law:
8. Introduce
legislation for equal pay for work of equal value in both the public and the
private sector.
9. Include a first-contract law in Ontario labor
legislation.
10. Introduce reforms to the Occupation-al Health
and Safety Act including toxic substances designation and regulations to give
workers the right to know about workplace hazards.
11. Continue the pre-budget freeze on the ad valorem gasoline tax and establish an
inquiry into gas price differentials between Northern and Southern Ontario.
12. Wind up the royal commission on the Northern
environment and obtain release of all working papers and reports.
13. Provide full coverage of medically necessary
travel under the Ontario Health Insurance Plan (0HIP) for residents of Northern
Ontario.
B.2-
Action by Liberal Government:
1.Bill 30 : An Act to amend the Education Act, which
provides. for the extension of public funding to the final grades of Separate
Secondary Schools ( Catholic schools ).
It became
law on 24 June, 1986, two years after PC former Premier William Davis announced
the plan to fund grade 11,12,13.
2. The government established “Future” agency in order
to offer employment and training opportunities for the Youth in late 1985.
3. Bill 94 : Heath care Accessibility Act: An Act
bans extra-billing by Doctors. It regulates the amounts that persons may charge
for rendering services that are insured services under the Health Insurance
Act.
It was
introduced on 19 Dec., 1985. It was passed on June, 1986.
4. Bill 44 : Environmental protection Amendment Act.
It was
introduced on 26 May, 1986. It has been reviewed.
5. Bill 77 : An Act to amend certain Act respecting
Residential Tenancies.
It was introduced on 16 Dec,. 1985. It was
passed in early 1986.
-An Act
established 4-per-cent ceiling on annual rent increases. It effects only one
year then rent will rise in according to formula.
6. This item has not been introduced yet.
7. This item was implemented by Bill 11.
8. Bill 105: An Act to provide pay equity for employees in
predominantly female groups of jobs in the public service.
It was introduced on 22 April, 1986. But this
Bill has been controversial.
Bill 105
proposes to provide equal pay for work of equal value to only 76,000 civil
servants working in the Ontario Civil Service Commission and six Government Agencies,
benefiting 29,000 women in "predominantly female groups of jobs.” But PC
and NDP wanted to force the minority
Liberal government to extend its equal pay legislation to cover 650,000 Public Service
Workers across Ontario.
9. Bill 65: An Act to amend the Labour Relations Act
This Bill
provides for first-contract settlements by the Labor Relations Board if it
finds that bargaining between union and management has broken d own because one
side has been unwilling to conclude an agreement.
It was
introduced on 26 Nov., 1985. It was passed on 26 May, 1986.
10. Bill 99 :
An Act to require disclosure of the use of hazardous substances.
It was
introduced on 22 April, 1986. It passed on 06 Dec., 1986.
- Bill
101: An Act to amend the Occupational Health & Safety Act.
This Bill gives workers the right to know
about workplace hazards.
It was
introduced and passed in1986.
11. Bill 51 : An Act to amend the gasoline tax Act.
It was
introduced and passed in 1985.
12. This item was introduced. It was passed.
13. This item was introduced. It was passed.
*C.-
Document 3 :
Program for action from common campaign proposals, to be implemented within a
framework of fiscal responsibility.
C.1 - Legislative reform proposals in
the Accord:
1.Affirmative
action and employment equity for women, minorities and the handicapped and
expansion of the role and budget of Human Rights Commission to deal with
workplace and housing discrimination.
2. Establishment of an Ontario housing program to
fund immediately 10,000 co-op and non-profit housing units, in addition to
those provided for under federal funding arrangements.
3. New enforceable mechanisms for the control of
pollution to enable Ontario to deal effectively with acid rain and to establish
the principle that the polluter pays.
4.Reform of services for the elderly to provide
alternatives to institutional care and a reform of the present nursing home
licensing and inspection system.
5. Reform of job security legislation, including
notice and, justification of lay-offs and plant shutdowns and improved
severance legislation.
6. Farm financing reform, including low-interest
loans for farmers.
7. Workers’ Compensation reform.
8. Private pension reform based on the
recommendations of the Ontario Select Committee on pensions.
9. Reform of day-care policy and funding to
recognize child care as a basic public service and not a form of welfare.
10. An independent audit of Ontario's forest
resources, and additional programs to provide for on-going regeneration of
Ontario's forests.
C.2.-Action
by Liberal Government:
1. Bill 100 : An Act to provide for the employment
of disabled persons.
It was
introduced on 14 January, 1986. It had been reviewed.
- Bill 7 :
An Act to amend the Ontario Human Rights Code, which bans discrimination on the
basis of sexual orientation.
The
amendment would guarantee homosexuals the same protection against
discrimination as people who are handicapped or of a different color, race or
creed.
It was
introduced in 1985. It was passed in
November, 1986; Ontario is the
second Province which banned
discrimination against homosexuals. Firstly, Quebec banned discrimination
against homosexuals in December, 1977.
2. It was passed in 1986.
3. Bill 112 : The Environment Enforcement Statute
Law: This Bill calls for increased fines and imprisonment for polluters and
would allow the courts to strip offenders of profits obtained by the Commission
of their offences.
It was
introduced in early 1986. It had not been passed yet.
4. Bill 92 : An Act to amend the nursing homes Act.
This Bill
requires the financial statements of licensed nursing homes to be tabled in the
assembly and made available for public inspection.
It was
introduced on 18 Dec., 85. It has been reviewed.
5. A proposed Bill : On December 3, 1986, ( Toronto
Star, p, A 7 ) , Labor Minister Bill Wrye said his Ministry's review of the Act
is almost finished "the government
reform job security legislation".
This would include notice and justification of layoffs and plant closings and
improved severance payments, and the government will move to protect workers in
a way that will be “realistic” but better than anywhere in Canada. No other
province has legislation dealing with plant closings.
6. This item had not been introduced yet.
7. Bill 81
: An Act to amend the Workers'
Compensation Act.
This Bill provides the automatic annual adjustment of benefits payable
under the Act, retroactively to the year
1941. The " cost-of-living-increases"
for pensions and supplements had been the second point of the four-point
program of the Union of Injured Workers since 1974.
It was
introduced in December, 1985. It was passed
in early 1986.
There
are proposals such as disability
pensions reform, rehabilitation reform for injured workers, job security or
full compensation that had not been
introduced yet.
8. Bill 137 : An Act to amendment Pension Benefits
Act. This Bill had this purpose : Private Pension Plans provide for bridging
supplements, members of the pension plans would benefit from changes in the
Canada Pension Plan providing benefits to persons before they reach 65.
It was introduced on 20 Oct., 1986. It had
been reviewed.
9. This item has not been introduced yet. But the
Liberals has borrowed this item as their policy. Premier David Peterson
announced this issue at the meeting of Premiers in November 1986 in Vancouver.
10. This item had not been introduced yet.
III.
Conclusion :
From the day Liberal
leader, David Peterson, assumed the office of Premier, 26 June 1985, many items
of the Accord were implemented significantly. In practice, the NDPs have fought
hard to make the Accord a reality and gained many advances such as rent control
4% of compulsory rent increasing per year, banning extra billing by medical Doctors,
etc... But many other promised reforms have yet to become law. Most likely the
Liberal government was truly committed to those items. There are 7 months left to go in
the Accord, the Accord will expire on 26 June 1987. Can the Liberals keep their
promises ? Although the Liberals have addressed
many important issues in the Accord, but it does not mean that the Liberals did not break promises in the Accord or fail to deliver on
commitments. In fact, Bill 51, the Residential Rent Registration Act was passed
on December 3, 1986, will replace the 4-per-cent ceiling on annual rent
increases of the document 2, item 5, of the Accord. Bill 51 was supported by
Progressive Conservatives, Bill 51 provides a new system of rent review in
Ontario. A new formula based on the consumer price index will be used to
determine what rents Ontario landlords can charge their tenants. When Bill 51
was voted on 3 December 86, NDP Leader Bob Rae said : " ... the Liberals have clearly broken their
word by promising both tenants and his party that the ceiling on annual rent
increases would remain at 4 per cent. It has to be an election issue, and
voters will get a chance to speak about a government that breaks its word to
tenants."
Bob Rae took the leadership of the Ontario New
Democratic Party in early 1982. Tragically, it was he who raised the idea to
support the Liberals in the caucus of the NDP on 6 May, 1985, and paved the way
for Liberal Leader, David Peterson, a chance to form a minority government in
Ontario. It was also he who on 14 December, 1979 moved the motion in Parliament
of Canada that defeated the short-lived minority government of Joe Clark and
paved the way for Pierre Trudeau's return to power.
I remember that in the history of Viet Nam war,
there were two international Accords : the first was the Geneva Accord signed
by France, Vietnamese communist guerillas and other nations except the U.S and
Saigon government on 20 July, 1954. The second was Paris Agreement signed by
four sides : the U.S, Hanoi government, Saigon government, Vietnamese guerillas
in south Vietnam, on 23 January 1973. And then many of promised items of these
Accords were broken by related sides.
So, I don't think all the rests of the Liberal-NDP
Accord will be implemented before the expire date ,on 26 June, 1987. Indeed,
the Accord has been a political card that the Liberals had to use
as a chance to gain power in Ontario. Now, the political circumstance of
the Liberals has changed: Liberal MPP Christine Hart won the York East by
election in April, 1986, after Liberal government appointed the PC MPP Robert Elgie as the Chairman of the Workers'
Compensation Board. The Conservatives lost that seat; - New Democrat MPP David
Ramsay who won the Northern Ontario seat, Timiskaming, on 2 May 1985, crossed
the Legislature to join the Liberals in October 16, 1986. The NDPs lost one seat.
The current party standings show that: the Progressive Conservatives with 51 seats,
the Liberals with 50 seats, the NDPs with 24 seats. Not longer than one and a
half years, Liberals won two more seats in the Legislature.
From the day Liberals took over the government in
Ontario, they have put their people in many higher positions in government
offices, even at many Appeal Tribunals of many Ministries in order to change
the Conservatives people. In addition, the Liberals' strategy is that Liberals
get along not only with employers but also with employees, they also get along
with landlords and with tenants and so on.
I believe that the next election will turn the
minority Liberal government to a strong majority Liberal government. And then,
the NDP would be one of the opposition parties to the Liberal government.
Political game has been indeed a dirty game in the history of the world .
I believe the
Accord had been a very good political initiative that NDP utilized to support
the Liberal minority government.
Toronto, December 1986.
Tony Nguyen vinh Thuong
*Foot
notes:
Additional information was written in 1995:
After the expiration of the Liberal-NDP Accord in June, 1987, the Liberals called another
provincial election on 10 September, 1987. The Liberals won the second largest
majority Government in Ontario’s history. The people of Ontario voted and
elected : 95 Liberal members, 19 NDP members, 16 PC members.
The Tories did not return to power in Ontario until the 1995 provincial election. PC leader Mike
Harris became Premier.
*Bibliography:
1.An agenda
for Reform – Proposals for Minority Parliament. That is the Liberal-NDP Accord dated May 28, 1985.
2.Bills were
introduced at Queen’s Park, Ontario Parliament from June 26, 1985 to Jan
31, 1987.
3.Newspapers: Globe
& Mail, Toronto Star, Toronto Sun in Toronto from May 02,1985 to May
10, 1987.
4.Hale, Ken, Bill51-Residential
Rent Regulation Act: How it Affects You, Toronto: Tenants Bulletin
Published by the Federation of Metro Tenants’ Association, Winter 1987.
5.Speirs, Rosemary, Out of the Blue: The Fall of the Tory Dynasty in Ontario, Toronto:
Macmillan of Canada, 1986.
6.Story, Jane, Rent
Reform’s Exclusive Accord, Toronto: Now-December 4-10, 1986.
