We appear to have another Independent Officer of Parliament who has decided to go rogue, as the Commissioner of Official Languages, Raymond Théberge, has announced that he plans to investigate the nomination process that selected Mary Simon as Governor General, given her lack of French. There are, of course, a whole host of problems with this, starting with the fact that the GG is not a federal bureaucrat and is not included in the Official Languages Act. Her office in Rideau Hall is certainly subject to the Act, and there is no question it will operate bilingually, but Simon herself is not. Furthermore, she is appointed by the Queen on the advice of the prime minister, and the advice that he gets from his appointments committee (as problematic as the current structure may be) is non-binding.
2) How does he interpret the appointment mechanisms for viceregals? If I recall, complaints against NB LG rejected (even though it's a statutory GGIC, ie, Cabinet, appointment).
GG appointed on PM advice *alone*. Does involvement of committee to advise PM implicate LLO?
— rtb (@fatbertt) July 19, 2021
En gros : sujet pas simple, assez de complexité. Comparable mais pas identique au cas du N-B. Quelqu'un veut savoir mon opinion selon mes recherches, je suis là.
Suis d'accord avec @DrSChouinard et @GabrielPoliquin – c'est suprenant cette décision. Pour M Théberge… pic.twitter.com/2jtiMrdIxM
— rtb (@fatbertt) July 19, 2021
2 thoughts:
1) If he's going to talk about inclusiveness, the Commissioner should have one of his researchers print him a copy of Tuck/Yang's article
2) He's focusing on the role of the *Privy Council Office*? https://t.co/FK19Wn0FSC pic.twitter.com/zgIkLJsteP
— rtb (@fatbertt) July 19, 2021
Théberge, in that case, has decided that he’ll investigate the Privy Council Office for their role in supporting said committee and providing advice, which…is a stretch. A very, very big stretch. The whole sham investigation is already outside of his mandate, and more to the point, it is hugely colonial at that, and certainly not exactly befitting the stated goals of decolonization and reconciliation. (There is, of course, the matter of this government’s apparent hypocrisy in how it treated the appointment of Simon and how it treats the appointment of Supreme Court of Canada justices, but that is also not exactly something that Théberge could investigate).
If someone from the Commissioner's office does not give Buckingham Palace a call, this whole inquiry will have been a sham. pic.twitter.com/a9W4hdJZAE
— rtb (@fatbertt) July 19, 2021
1) When did the COL’s mandate include Crown prerogative appointment *processes*?
2) This is a discretionary choice by the COL. 430 complaints does not force his hand.
3) How was Ray Hnayshyn’s French? #cdnpoli https://t.co/W6IF3UoL2m— Dr. J Robson (@JenniferRobson8) July 20, 2021
Meanwhile, Philippe Lagassé enumerates these points, explains the role of convention versus legislation in these kinds of appointments, and most especially points to the fact that Théberge might want to better familiarize himself with the Constitution, given that the appointment didn’t violate any Act of Parliament. What a gong show.
Twitterless Philippe Lagassé has some Thoughts about the Official Languages Commissioner’s decision to “investigate” the appointment of Mary Simon for not being bilingual in the right way. https://t.co/rfGC59ZUvO pic.twitter.com/MAQMZpUOkb
— Dale Smith (@journo_dale) July 20, 2021
https://twitter.com/EmmMacfarlane/status/1417267990790279174