Unit 2: The Governor General and the Prorogation Crisis of 2008 Flashcards
Formal vs Political Executive
Walter Bagehot, an influential British constitutional analyst, made an important distinction between the formal executive and the political executive.
The formal executive was used to refer to the Crown, or what Bagehot considered the dignified elements of the constitution.
The political executive was used by Bagehot to refer to the efficient elements of the constitution – the functional elements that actually exercise political power such as the Cabinet or the Prime Minister.
The Crown and the Governor General
The constitutional powers of the Crown, in relation to the Constitution Act, 1867, are exercised by the Governor General.
The Letters Patent Constituting the Office of Governor General and Command-in-Chief of Canada in 1947 formally outlined the prerogative powers of the Crown exercised by the Governor General, on behalf of the Crown.
The Appointment of a Governor General
There are no written provisions in the Constitution Act, 1867 that discuss the appointment of a Governor General.
The Governor General is a direct appointment of the reigning British Monarch and constitutes one of the prerogative powers of the Crown not authorized by the Letters Patent 1947.
The Governor General is not required to be a Canadian citizen – the Constitution Act, 1867 predates the Canadian Citizenship Act 1946.
The first Canadian to be appointed as Governor General was Vincent Massey in 1952.
Since 1952, a constitutional convention has been established that the Governor General must be a Canadian citizen.
The Governor General and the Prime Minister
The Governor General (GG) is the Crown’s representative in Canada who is appointed by the Queen on the advice of the Prime Minister and has Vice-regal powers – the prerogative powers of the Crown.
This is an example of how a formal power held by the Crown – the appointment of a Governor General – is only exercised on the recommendation of the Crown’s constitutional advisor, the Prime Minister.
Until 1931, the appointment of Governor General was made by the Sovereign without consulting the Prime Minister. After 1931, the appointment would be made in consultation with the PM, and after 1952, by the Prime Minister advising the Sovereign which Canadian to appoint as Governor General.
Governor General Vincent Massey (1952-1959) portrait to the right.
Prerogative Powers of the Governor General
Formation of a government
Inviting the leader of a political party who, in the opinion of the Governor General, can command the confidence of the House of Commons and form a ministry.
In the United Kingdom, the formation of a government is signified by the ‘laying of the hands’ in which a party leader accepts the Crown’s invitation to form a ministry and serve as the Monarch’s ‘Prime Minister’
Prerogative Powers of the Governor General
- Order-in-council appointments Appointments made on the advice of the Prime Minister, such as Senators, provincial Lieutenant Governors, Supreme Court of Canada Justices.
- Proroguing the House of Commons
Ending a current session of Parliament. - Summoning Parliament into Session
Recalling Parliament after prorogument or the summer break - Dissolving Parliament
Terminating a Parliament and issuing the election writs – calling an election. - Royal Assent
Signing bills into law by attaching the Great Seal of Canada - Reserving Bills
Withholding Royal Assent on bills passed by Parliament or a provincial legislature. - Terminating a Ministry
Dismissing a prime minister and a government. - Reading the Speech from the Throne
Outlining the legislative agenda of Her Majesty’s Government
Dignified or Formal Powers of the GG
Many powers of the GG are dignified (formal powers used when requested by the Prime Minister) or powers that have fallen into disuse and no longer part of the working constitution.
Dignified Powers
Reading the Speech from the Throne.
Summoning Parliament into session.
Granting Royal Assent on bills.
Order-in-council appointments.
Fallen into Disuse
Reserving bills for review by the Imperial cabinet or the Federal cabinet.
Terminating the commission of a Prime Minister and a ministry.
The Governor General as Efficient Actor
Efficient Powers:
Several of the prerogative powers of the Crown, exercised by the Governor General, are efficient powers when the governing party controls a minority of the seats in the House of Commons.
Efficient powers – prerogative powers that provide the GG with discretion over their use, depending on the party standings in the House of Commons (minority government) or an election that produces an uncertain outcome as to which party leader can command the confidence of the House of Commons (responsible government)
Efficient Actor:
Efficient powers + unstable parliamentary context = Efficient Actor
Creation of a government.
Proroguing Parliament.
Granting the request for dissolution (issuing of the election writs for a new House of Commons)
Creation of a Government
Close election results where no party controls a majority of the seats provides the Governor General with some discretion over which party leader to invite to form a government by testing the confidence of the House through a Speech from the Throne.
If a minority government looses a vote of confidence soon after an election, the GG may invite a leader of another party to form a government instead of issuing a writ for a new election.
1925: GG Lord Byng chose the leader of the second largest party (Mackenzie King) to form a government with the support of minor parties.
1926: Arthur Meighen, the leader of the largest party, is invited by GG Byng to form a ministry after the King government falls.
1985:In Ontario, David Peterson is invited to form a ministry after the incumbent governments looses a confidence motion.
1998: The Nova Scotia provincial election resulted in a tie (Libs, 19; NDP 19; PCs, 14).
New government without a New election
If a government is defeated soon after an election (< 6 months) and the Governor General believes another party leader can form a stable government (command the confidence of the House), a new ministry may be commissioned without a new election.
2017: BC Premier Christy Clark (Liberal) fails to pass the Speech from the Throne soon after the provincial election. Lt. Governor invites the leader of the NDP to form a government without a new election being called.
2018:NB Premier Brian Gallant (Liberal) fails to pass the Speech from the Throne soon after the provincial election. Lt. Governor invites the leader of the PC party to form a government without a new election being called.
Refusing Dissolution
In 2017 following the defeat of the Clark government – failure to pass the Speech from the Throne – Premier Clark requested the Lt. Governor call a new election (dissolution of the Legislative Assembly).
The Lt. Governor refused this advise and invited the leader of the NDP, John Horgan, to form a ministry and serve as Premier
Granting the request for Dissolution
The minority government led by Joe Clark is defeated in December 1979 as it fails to pass its budget (issue of confidence).
PM Clark visits the Governor General and requests dissolution and a new election writ is issued by the Governor General for February 1980 General Election.
Defeat of the Clark Government 1979
Motion of Non-Confidence and a request for Dissolution
Prorogation Crisis of 2008
14 Oct. 2008
General Election – third consecutive minority government
CPC (143); LPC (77); BQ (49); NDP (37)
27 Nov. 2008
Economic Update
27 Nov. 2008
Liberal-NDP Accord negotiated with BQ in ‘confidence and supply’
CPC: 143
LPC/NDP: 114
LPC/NDP/BQ: 163
1 Dec. 2008
Opposition Day (cancelled)
Liberal-NDP Accord released
Bloc Quebecois in ‘supply and confidence’ arrangement with Liberal-NDP coalition
3 Dec. 2008
Televised addresses by PM Harper and Liberal leader Dion
4 Dec. 2008
PM meets with GG
GG agrees to prorogue Parliament to January 27, 2009
8 Dec. 2008
Stephane Dion resigns as Liberal leader
Michael Ignatieff appointed acting Liberal Leader (December 10)
27 Jan. 2008
Conservatives present budget (confidence issue)
28 Jan. 2008
Liberal Party supports budget – prorogation crisis over
