Tag Archives: Responsible Government

Roundup: A refresher on the GG

Posted on by

With a minority government likely in the offing – possibly Conservative, possibly Liberal – we’re seeing a spate of new articles about post-electoral scenarios and the role of the Governor General. While some of them get it more or less right, (my own offering a couple of weeks ago here), into the middle of this, Duff Conacher of Democracy Watch sticks his nose in and starts making trouble of his usual sort – deliberately misconstruing the system to his own ends. And then, unfortunately, As It Happens picked it up and ran with it without someone credible to counter it. Fortunately, Philippe Lagassé was already ahead of that game earlier yesterday morning, followed by a smackdown of Conacher later in the evening. I’ll leave you to it.

https://twitter.com/pmlagasse/status/653914291637198848

https://twitter.com/pmlagasse/status/653914770098290690

https://twitter.com/pmlagasse/status/653915706283659264

https://twitter.com/pmlagasse/status/653915926199410688

https://twitter.com/pmlagasse/status/653916331650252800

https://twitter.com/pmlagasse/status/653916666636713984

https://twitter.com/pmlagasse/status/653917027585916928

https://twitter.com/pmlagasse/status/653919426622943232

https://twitter.com/pmlagasse/status/653919762775437313

https://twitter.com/pmlagasse/status/653920023229132800

https://twitter.com/pmlagasse/status/654124638788653056

https://twitter.com/pmlagasse/status/654124746611683328

https://twitter.com/pmlagasse/status/654124846054404096

https://twitter.com/pmlagasse/status/654124979273908224

https://twitter.com/pmlagasse/status/654125100501872641

https://twitter.com/pmlagasse/status/654125513863098368

Continue reading →

Roundup: The slippery slope of civic ignorance

Posted on by

With Justin Trudeau adding his voice to those of the other leaders in completely misreading how a Westminster democracy works with the formation of government (albeit acknowledging that the incumbent does get the first crack), I think it’s quite apparent we’re in a crisis of civic literacy in this country. While Kady O’Malley gives a refresher here, there was an interesting idea posited by Leonid Sirota that we may be witnessing the birth of a new convention. I’m a bit sceptical about that, and would agree more with Emmett Macfarlane that it may be a political convention as opposed to a legal one, but it should also be a warning signal to our political actors that ignorance of the system, whether genuine or deliberate, does have broader repercussions. The system works the way it does because, well, it works. That’s why it evolved the way we did. To try and move it past that for crass political purposes demeans it, and opens a number of cans of worms that will do nothing more than create problems down the road that will be even bigger headaches. Better to learn and apply the system as it exists, rather than try to change the rules for petty reasons. Also, we need to stop dismissing these kinds of conversations as boring or pedantic because they matter. The rules matter. If we don’t point out what the rules are and that they matter, then it makes it easier for people to break them without anyone raising a fuss.

https://twitter.com/pmlagasse/status/641312992257277953

https://twitter.com/pmlagasse/status/641313435049959424

https://twitter.com/pmlagasse/status/641313802944946176

https://twitter.com/pmlagasse/status/641314338674974720

https://twitter.com/pmlagasse/status/641314592094822400

https://twitter.com/emmmacfarlane/status/641228423038238720

https://twitter.com/emmmacfarlane/status/641228866099417088

https://twitter.com/emmmacfarlane/status/641229200544808960

https://twitter.com/emmmacfarlane/status/641230837434855424

https://twitter.com/emmmacfarlane/status/641231352986124288

Continue reading →

Roundup: Harper’s Westminster mistake

Posted on by

It was a fairly combative interview, as Stephen Harper sat down with the CBC’s Peter Mansbridge, but there was a fairly important point to make, which is that the understanding of the Westminster parliamentary system that he espoused was totally wrong. Harper stated that he wouldn’t try to form government if his party didn’t win the most seats, which is an interesting political commitment, but his assertion that it’s the way the convention works in a Westminster system is wrong and has nothing to do with the actual way that governments are formed. What I will say is that this certainly seems to answer all of the paranoid delusions of the Harper Derangement Syndrome-types out there who insist that he’s going to try to hold onto power at all costs, and that even if he can’t win a majority that he’s going to still test the confidence of the Chamber and call a snap election immediately if he doesn’t get it, etcetera, etcetera. That’s certainly not the message that he’s been giving, and really, he’s not a Bond villain. Making him out to be such is counterproductive and simply wrong. Here’s Mansbridge’s behind-the-scenes look at the leader interview series, the biting satirical Twitter account Canadian Median Voter weighing in on Harper’s understanding, plus a reminder that Thomas Mulcair has said pretty much the very same incorrect things, and a reminder of how things actually operate.

https://twitter.com/inklesspw/status/641069383729741826

https://twitter.com/markdjarvis/status/640289615987929088

Continue reading →

Roundup: Challenging Responsible Government

Posted on by

Last week, a group of lawyers wrote an op-ed in the Globe and Mail, calling for a constitutional challenge to judicial appointments, bemoaning the political process and concern trolling over an apparent declining lack of public confidence in the system – never mind the fact that no such lack of confidence is being expressed anywhere. Leonid Sirota writes an excellent takedown of the proposal here, but there is another concept that this group of lawyers ignores entirely, which is that of Responsible Government. Under our system, a prime minister and cabinet can legitimately make appointments so long as they enjoy the confidence of the House of Commons. Being as we’re a democracy and not a technocracy, it’s a system that allows the government to carry on its necessary business while having a mechanism to be held to account, not only at the ballot box but at any time, the House can withdraw its confidence if they feel the government has abused its powers. It cannot be understated that the whole reason we gained Responsible Government in the colonies pre-confederation is that we wanted control over our patronage appointments, so that they weren’t coming from London. It’s one of the foundational cornerstones of our whole democratic system. That this group of lawyers wants to undermine it with no actual evidence that there’s a problem – rather, what seems to be some fairly partisan sour grapes because they don’t agree ideologically with a small minority of appointments – is troubling. They should know how our system of government works. That they apparently don’t is a very big problem.

Continue reading →

Roundup: More documents and arguments

Posted on by

With more Duffy-related documents being filed and their separate proceeding going ahead in trying to get that secret internal report on residencies going ahead, there is a flurry of stories in the news related to the ongoing expenses issue in the Upper Chamber. Those new documents filed show that the steering subcommittee of the internal economy committee – meaning particularly Senators Carolyn Stewart Olsen and David Tkachuk – altered the section of the report on Mike Duffy seven times to tone down the criticism of his residency and travel patterns after he repaid the $90,000 (as it turned out thanks to Nigel Wright). It does seem mystifying that other Conservative senators are not insisting that Stewart Olsen and Tkachuk be removed from that committee to clear the air, but these kinds of decisions tend to rest in the Senate leader’s office, and well, the current Leader of the Government in the Senate is a yes-man for the PMO, and those two senators did the PMO’s bidding. It does stink, and one would think that the rest of their caucus would take issue – but then again, they may be but it would be happening behind closed doors. And the current rumour is that the Auditor General is going to recommend that the RCMP look at 10 senators’ expenses, but said rumour also says that most of those 10 have seen retired. I guess we’ll see what happens when the report is released, but the Senate Speaker has said that they will send files to the RCMP if that is what is recommended. As for that internal report that the Senate refuses to turn over to Duffy’s lawyers, they seem to be making the argument that Duffy has been treated unfairly by having his expenses turned over to the RCMP but others haven’t – which isn’t true, considering that Patrick Brazeau and Mac Harb also had theirs turned over and had charges laid, while the RCMP continue to investigate Pamela Wallin’s expenses. And they may have more company on the way, but the Senate is in the process of making its rules more stringent, and hopefully the next time appointments are made, they will be vetted a little better than those of the Class of 2008.

Continue reading →

Roundup: Trying to politicize the GG

Posted on by

In a move so stunningly boneheaded that I can scarcely believe it, the NDP have gone to Rideau Hall to ask the Governor General to wade in on the Senate residency issue – because there’s nothing like trying to politicise the GG to show that you mean business about a petty issue. It’s like Her Majesty’s Loyal Opposition doesn’t have a clue about what Responsible Government – the central organising principle of our democratic system – actually means. Here’s a refresher for their edification – the Governor General acts on the advice of the Prime Minister because the Prime Minister holds the confidence of the House of Commons, which is the chamber elected for the purpose of granting or withholding said confidence. The entire history of the struggle for Responsible Government in the colonies that became Canada, back in the 1830s, was because they wanted to control the appointments made by the Crown, rather than leave it up to the colonial masters in the UK. The entire history of Canadian democracy rests on the fact that it’s the elected government that advises the Crown on who to appoint, and not the other way around. And yet the NDP seem to suddenly think it’s cool to ask the GG to weigh in on which appointments he thinks are okay or not. Charlie Angus may tell you that he’s asking for an explanation and that he’s not trying to draw the GG into the “scandal,” but with all due respect, that’s a load of utter horseshit and he knows it. He’s trying to get the GG to tell him that the PM is wrong so that he has “non-partisan” authority to make the claim for him; that’s never going to happen. Ever. It is assumed that the advice the PM gives the GG is legitimate because the PM has the confidence of the Commons. That means that the quality of that advice is a ballot box issue – if we don’t like it, we get to hold that PM and that government to account by voting them out. It is not up to the GG to veto it unless it’s so egregious that it’s a blatant violation of the constitution, at which point he refuses the advice and the Prime Minister is forced to resign. But as much as Charlie Angus might like to think that Mike Duffy is some unprecedented scandal that rocks the very legitimacy of the Upper Chamber (which they don’t believe is legitimate anyway, so this is grade-A concern trolling on his part), it’s not a constitutional crisis. It’s just not. Even if Harper’s advice was dubious, it was up to Duffy to ensure that he lived up to the terms of that appointment, and ensuing he was a proper resident of PEI – which essentially would have meant a hasty house sale in Ottawa, buying a year-round residence on the Island (and not a summer cottage) tout suit, and then maybe renting an apartment or buying a small condo near Parliament Hill as his Ottawa pied à terre, being a legitimate secondary residence. Duffy did not do that. He instead got political opinions to ensure that he was okay with the summer cottage and a driver’s licence and that’s it, when clearly that was not enough. He bears as much culpability in this as the PM for making the appointment – not the GG. Charlie Angus should be utterly ashamed for this blatant attempt to politicise the GG, but I’m pretty sure he’s incapable of shame.

Continue reading →

Roundup: An unconstitutional promise

Posted on by

Over in the francophone media, Thomas Mulcair has been talking about his promise to never ever appoint senators ever if he were to become PM and form government. Of course, that kind of talk is beyond ridiculous and is in direct contravention to the constitution – the same sections that the Supreme Court gave a whole lot of clarity on in the recent Senate reference decision. Mulcair claims he would try to push the provinces to abolish the institution, but good luck with that – all of which tends to put a lot of doubt into just how seriously Mulcair would take is constitutional obligations should he ever assume the position. The interview did give rise to this post, which speculated on the conditions by which a Governor General might reasonably start appointing senators without waiting for advice from the PM, if said PM was obstinately refusing to put forward names for appointment. While we are going to start hearing from the courts on this matter sooner than later, with an active challenge now underway in BC, I’d have to agree with both Emmett Macfarlane and Philippe Lagassé on this one – having the GG make direct appointments would put us into a constitutional crisis because it would violate the principles of Responsible Government, but said GG could also note that the PM was refusing to act within his or her constitutional duties, and dismiss them, inviting someone else to form government instead. It would still be a bit of a crisis, mind you, and there would be all manner of wailing and gnashing of teeth in the media about it, but it would be much more in line with the principles of Responsible Government than making the appointments without advice. Let’s just hope that it doesn’t come to that, and that our current and future prime ministers start taking their jobs of making these appointments far more seriously.

https://twitter.com/EmmMacfarlane/status/551049830416777216

https://twitter.com/EmmMacfarlane/status/551050184713838593

https://twitter.com/pmlagasse/status/551049183608967169

https://twitter.com/pmlagasse/status/551050993983848448

https://twitter.com/pmlagasse/status/551051201836777473

Continue reading →

Roundup: Don’t sideline Canada Gazette

Posted on by

It’s not a sexy topic, but the fact that Parliament is giving itself the power to start making regulatory changes without publishing them in Canada Gazette is actually pretty worrying. It’s just regulations, right? Well, the issue is that by spreading out proposals, it makes it more difficult for proposed regulations to get proper consultation before they’re implemented. That’s a pretty big deal because so much of what constitutes our governance regime comes in the form of regulations that are empowered by legislation. That way, Parliament isn’t bogged down with niggling technical details that MPs have no expertise in determining, and allows them to focus on the “bigger picture,” while civil servants deal with the minutiae. The Governor in Council then gets to implement those regulations that the civil service comes up with, and Parliament can hold government to account for those regulations they implement. By not requiring everything to go through the Gazette, it makes the exercise of accountability that much harder, which is not how we should be operating in a system of Responsible Government.

Continue reading →

Roundup: Standing Orders remain unamended

Posted on by

It’s not a big surprise, but the NDP’s motion on amending the Standing Orders to ensure that the relevancy rules include Question Period didn’t pass, but three Conservative MPs – Michael Chong, James Rajotte and Brian Storseth – did vote in favour of it, so read into that what you will. Kady O’Malley, meanwhile, provides three suggestions for how the Speaker could clean up QP, though I am unsure about them. In the first case, there are nominations to consider, especially if we want them to be open. In the second, I do have concerns about the theatricality of it, and in the third, the constant jockeying for future votes could become a continual distraction to the business at hand, and given that the position also has to do with the management of the broader precinct, not to mention diplomatic and ceremonial roles. I’m not sure how the possibility a constant revolving door every couple of years helps matters.

Continue reading →

Roundup: A doomed and dangerous challenge

Posted on by

Toronto lawyer Rocco Galati, of the Nadon case fame, is going ahead with his challenge of the government’s citizenship bill, but it’s a nightmare of a challenge because it’s based on a completely wrong-headed understanding of the way our system of responsible government works. Galati names the Governor General in the suit, saying that signing the bill into law went beyond his constitutional mandate. The problem is, of course, is that ours is not a system where the GG can refuse royal assent unless it’s a measure that is so egregious that he or she is willing to risk a constitutional crisis. Responsible Government is all about the Crown acting on the advice of government, and by granting royal assent, it does several things: it grants authority to the new law in the name of the Sovereign; it represents the people agreeing to live under the rule of law; and the Queen as the embodiment of the state, emphasises that we all live equally under the law. Galati argues that provisions of the bill are unconstitutional, but remember that it is still within the authority of the courts to strike down a law – that come under the powers of the Crown as the font of justice, whereas royal assent is a function of the Crown-in-Parliament. Galati seems eager to mix the two and would have the GG get legal opinions before any bill is signed into law – a complete distortion of our system of government and the separation of powers that exists between the Courts and Parliament. That Galati had tried to get the courts to block royal assent before it even happened is a further sign that he not only doesn’t understand the system, but is wilfully trying to undermine it regardless of the dangers or consequences of such moves. Only madness lies down the path Galati is trying to tread, but because he has no legal merit for the ruling, it won’t get very far, fortunately.

Continue reading →