This column was prompted by a recent news report that ever since Conservative Party leader Doug Ford became Ontario premier in 2018, he has refused to let the public see the mandate letters issued to his cabinet ministers.
Ford is so determined to keep the letters secret that he is waging a costly legal battle to prevent their release under the Freedom of Information (FOI) law. After the information and privacy commissioner ruled the letters were not protected by the doctrine of cabinet confidentiality, Ford appealed the decision all the way up to Ontario’s top court and is now appealing to the Supreme Court of Canada.
In theory, mandate letters are a mechanism for identifying priorities and setting directions in the governing process. They can be a useful complement to the party platforms issued during elections and the speech from the throne, which outlines in general terms the agenda of a government.
FILE – John Woods/THE CANADIAN PRESS
Manitoba Premier Heather Stefanson has not publicly released formal mandate letters since assuming the Progressive Conservative Party’s leadership.
Mandate letters can also promote cohesion and co-ordination across far-flung public sectors in which departments and programs too often operate in a siloed manner. Letters often direct ministers to collaborate with one another and with key stakeholder groups outside of government.
Letters can be an accountability device, promoting internal accountability of ministers and departments to the prime minister/premier and the cabinet for their individual ministerial contribution to a government-wide agenda. By creating a scorecard of accomplishments, they can also support the external accountability of governments and individual ministers to the legislature and the public.
There is no legal obligation on the prime minister or premiers to make use of mandate letters. Historically, most first ministers have provided confidential written directions to their ministers. The public release of such documents is a recent development. It began in 2015 when the incoming prime minister Justin Trudeau released mandate letters, in contrast to the previous Harper government, which kept them secret.
Most provincial governments have followed suit. In 2016, Manitoba’s new Progressive Conservative premier, Brian Pallister, released the mandate letters issued to his 12 ministers. Typically, when a cabinet shuffle occurs, new letters are issued, which was the case in 2020 when Pallister changed his cabinet lineup.
It is unclear whether Heather Stefanson, since becoming premier in November 2021, has provided her ministers with private, confidential “marching orders.” There has been no release of formal mandate letters.
There are potential benefits and costs involved with the release of mandate letters.
Critics insist the forced release of mandate letters will alter the appropriate balance between effective decision-making and transparency in the operation of cabinet government, at the risk of reducing the frank and rigorous debate which is necessary to achieve consensus.
In Ontario, the courts have so far rejected Ford’s argument that the release of letters would violate the norm of cabinet confidentiality, by countering the letters represent the culmination of internal discussions, not actual cabinet proceedings.
Similarly, in Manitoba, the provincial ombudsman has ruled such letters are not covered by the provision within the FOI law, which protects against public disclosure the deliberations of cabinet. Because mandate letters do not disclose actual cabinet proceedings, there is negligible risk they will have a chilling effect on cabinet debates.
Prime ministers and premiers can use mandate letters as another way to further centralize power in their offices. By acting unilaterally to declare the government’s agenda, first ministers can diminish the status of cabinet as a forum for collective decision-making and the influence of other ministers.
Mandate letters can be politically inconvenient. The opposition parties in the legislature will use them to criticize the policy directions of the government. Stakeholder groups in various policy fields will lobby to have their concerns mentioned in them. The media will use mandate letters to track government progress on its declared priorities.
On the other hand, letters can potentially serve to make governments more responsive and more accountable.
Communications has become central to the governing process. The release of mandate letters provides another opportunity for governments to frame issues to promote their political prospects by boasting about hundreds of policy intentions.
Reflecting these public-relations purposes, the number of commitments has exploded and the language has become more grandiose, leading rightly to questions about whether declared goals are achievable during the term of a government.
It is tempting to dismiss mandate letters as a elaborate ruse to promote the power and image of first ministers. I accept that letters are open to abuse. Used appropriately, however, they can broaden participation in central decision-making. And, if ministers are required to develop a plan to achieve commitments and to report on results, public mandate letters can also enhance internal and external accountability.
Premier Stefanson should tell us whether or not she intends to use them.
Paul G. Thomas is professor emeritus of political studies at the University of Manitoba
Read More:Mandate letters should be made public – Winnipeg Free Press
2022-09-24 07:07:02
