Filibuster
A filibuster is a parliamentary procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision. It is sometimes referred to as "talking a bill to death" or "talking out a bill", and is characterized as a form of obstruction in a legislature or other decision-making body. A motion of cloture may sometimes restrict filibustering.
Etymology
The term "filibuster" ultimately derives from the Dutch vrijbuiter, but the precise history of the word's borrowing into English is obscure. The Oxford English Dictionary finds its only known use in early modern English in a 1587 book describing "flibutors" who robbed supply convoys. In the late 18th century, the term was re-borrowed into English from its French form flibustier, a form that was used until the mid-19th century.The modern English form "filibuster" was borrowed in the early 1850s from the Spanish filibustero. The term was applied to adventurers like William Walker who were engaging in private military expeditions in Latin America. Over the course of the mid to late 19th century, the term "filibustering" became common in American English in the sense of "obstructing progress in a legislative assembly".
Ancient Rome
One of the first known practitioners of the filibuster was the Roman senator Cato the Younger. In debates over legislation he especially opposed, Cato would often obstruct the measure by speaking continuously until nightfall. As the Roman Senate had a rule requiring all business to conclude by dusk, Cato's deliberate long-winded speeches were an effective device to forestall a vote.Cato attempted to use the filibuster at least twice to frustrate the political objectives of Julius Caesar. The first incident occurred during the summer of 60 BCE, when Caesar was returning home from his propraetorship in Hispania Ulterior. Caesar, by virtue of his military victories over the raiders and bandits in Hispania, had been awarded a triumph by the Senate. Having recently turned forty, Caesar had also become eligible to stand for consul. This posed a dilemma. Roman generals honored with a triumph were not allowed to enter the city prior to the ceremony, but candidates for the consulship were required, by law, to appear in person at the Forum. The date of the election, which had already been set, made it impossible for Caesar to stand unless he crossed the pomerium and gave up the right to his triumph. Caesar petitioned the Senate to stand in absentia, but Cato employed a filibuster to block the proposal. Faced with a choice between a triumph and the consulship, Caesar chose the consulship and entered the city.
Cato made use of the filibuster again in 59 BCE in response to a land reform bill sponsored by Caesar, who was then consul. When it was Cato's time to speak during the debate, he began one of his characteristically long-winded speeches. Caesar, who needed to pass the bill before his co-consul, Marcus Calpurnius Bibulus, took possession of the fasces at the end of the month, immediately recognized Cato's intent and ordered the lictors to jail him for the rest of the day. The move was unpopular with many senators and Caesar, realizing his mistake, soon ordered Cato's release. The day was wasted without the Senate ever getting to vote on a motion supporting the bill, but Caesar eventually circumvented Cato's opposition by taking the measure to the Tribal Assembly, where it passed.
Westminster-style parliaments
Australia
Both houses of the Australian parliament have strictly enforced rules on how long members may speak, so filibusters are generally not possible, though this is not the case in some state legislatures.In opposition, Tony Abbott's Liberal National coalition used suspension of standing orders in 2012 for the purposes of filibustering, most commonly during question time against the Labor government.
In 2022, Liberal Senator Michaelia Cash engaged in a nine-hour filibuster in committee of the whole in an effort to stall the passage of industrial relations laws.
Canada
Federal
A dramatic example of filibustering in the House of Commons of Canada took place between Thursday June 23, 2011 and Saturday June 25, 2011. In an attempt to prevent the passing of Bill C-6, which would have legislated the imposing of a four-year contract and pay conditions on the locked out Canada Post workers, the New Democratic Party led a filibustering session which lasted for fifty-eight hours. The NDP argued that the legislation in its then form undermined collective bargaining. Specifically, the NDP opposed the salary provisions and the form of binding arbitration outlined in the bill.The House was supposed to break for the summer on June 23 but remained open in an extended session due to the filibuster. The 103 NDP MPs had been taking it in turn to deliver 20-minute speeches, plus 10 minutes of questions and comments, to delay the passing of the bill. MPs are allowed to give such speeches each time a vote takes place, and many votes were needed before the bill could be passed. As the Conservative Party of Canada held a majority in the House, the bill passed. This was the longest filibuster since the 1999 Reform Party of Canada filibuster, on native treaty issues in British Columbia.
Former Conservative Member of Parliament Tom Lukiwski was known for his ability to stall Parliamentary Committee business by filibustering. One such example occurred on October 26, 2006, when he spoke for almost 120 minutes to prevent the Standing Committee on Environment and Sustainable Development from studying a private member's bill to implement the Kyoto Accord. He also spoke for about 6 hours on February 5, 2008, and February 7, 2008, at the Standing Committee on Procedure and House Affairs meetings to block inquiry into allegations that the Conservative Party spent more than the maximum allowable campaign limits during the 2006 Canadian federal election.
Another example of filibuster in Canada federally came in early 2014 when NDP MP and Deputy Leader David Christopherson filibustered the government's bill C-23, the Fair Elections Act at the Procedure and House Affairs Committee. His filibuster lasted several meetings, in the last of which he spoke for over 8 hours. It was done to support his own motion to hold cross-country hearings on the bill so that MPs could hear what the Canadian public thought of the bill. In the end, given that the Conservative government had a majority at committee, his motion was defeated and the bill passed — though with some significant amendments.
In the spring of 2017 Conservative and NDP Opposition MPs united to filibuster a motion from Government House Leader Bardish Chagger, arguing it was an attempt by the Liberal government to limit the ability of opposition parties to hold the government to account. David Christopherson was again one of the leaders in this filibuster along with Conservative Scott Reid. Several other opposition MPs made significant contributions to the filibuster, including Conservatives Blake Richards, John Nater, and Jamie Schmale. The filibuster lasted from March 21 until May 2, when the governing Liberals agreed to drop the most controversial elements of their proposal.
Provincial
Newfoundland and Labrador
An ironic example of filibustering occurred when the Liberal Party of Newfoundland and Labrador reportedly had "nothing else to do in the House of Assembly" and debated between only themselves about their own budget after both the Conservative and NDP party indicated either their support for the bill or intent to vote.Ontario
The Legislature of the Province of Ontario has witnessed several significant filibusters, although two are notable for the unusual manner by which they were undertaken. The first was an effort on May 6, 1991, by Mike Harris — later premier but then leader of the opposition Progressive Conservatives — to derail the implementation of the budget tabled by the NDP government under premier Bob Rae. The tactic involved the introduction of Bill 95, the title of which contained the names of every lake, river and stream in the province. Between the reading of the title by the proposing MPP, and the subsequent obligatory reading of the title by the clerk of the chamber, this filibuster occupied the entirety of the day's session until adjournment. To prevent this particular tactic from being used again, changes were eventually made to the Standing Orders to limit the time allocated each day to the introduction of bills to 30 minutes.A second high-profile and uniquely implemented filibuster in the Ontario Legislature occurred in April 1997, where the Ontario New Democratic Party, then in opposition, tried to prevent the governing Progressive Conservatives' Bill 103 from taking effect. To protest the Tory government's legislation that would amalgamate the municipalities of Metro Toronto into the "megacity" of Toronto, the small NDP caucus introduced 11,500 amendments to the megacity bill, created on computers with mail merge functionality. Each amendment would name a street in the proposed city, and provide that public hearings be held in the megacity with residents of the street invited to participate. The Ontario Liberal Party also joined the filibuster with a smaller series of amendments; a typical Liberal amendment would give a historical designation to a named street. The NDP then added another series of over 700 amendments, each proposing a different date for the bill to come into force.
The filibuster began on April 2 with the Abbeywood Trail amendment and occupied the legislature day and night, the members alternating in shifts. On April 4, exhausted and often sleepy government members inadvertently let one of the NDP amendments pass, and the handful of residents of Cafon Court in Etobicoke were granted the right to a public consultation on the bill, although the government subsequently nullified this with an amendment of its own. On April 6, with the alphabetical list of streets barely into the Es, Speaker Chris Stockwell ruled that there was no need for the 220 words identical in each amendment to be read aloud each time, only the street name. With a vote still needed on each amendment, Zorra Street was not reached until April 8. The Liberal amendments were then voted down one by one, eventually using a similar abbreviated process, and the filibuster finally ended on April 11.