Governor Generals are Generally less Governors!

[Spade]

I've been away. No Canadian news. So, coming back to these "quelques arpents de neige," I leafed through the backlog of papers and searched on line for the rationale Michaëlle Jean gave for proroguing Parliament.

Imagine my surprise when I read on line this morning an editorial (Click here) from the Edmonton Journal pointing out that no explanation has been given.

Now, I would have expected that in 1808 or 1908. However, in 2008, Canada has thrown off these imperial ties (or has it) where decisions about how (or why) we are governed are not to be shared with us colonial rabble. Democracy, how revolutionary!

Don't you think it is time to remind our Governors that although they may not be totally anachronistic, at least they should hint at sharing their thoughts publicly!

Perhaps the Queen knows the reasons for this decision? I tried rubbing a loonie but no Jeanie appeared.

Time for a complete break with the Crown?

 

[Spade]

I know it should be Governors General but that's a bit too quaint!

 

[Spade]

Multiple choice... Whether you agree or don't with the GG's decision...

The Governor General remains silent on her reasons for proroguing Parliament because
A. She was coerced into making a decision she instinctively disagrees with, and so is biting her tongue.
B. She has no idea why she made this decision.
C. She was cautioned to remain silent by the PMO.
D. She believes the citizens of Canada are not capable of understanding.
E. Her office is basically anti-democratic, so live with it!
F. The Queen told her to do it.
G. The devil made her do it.
H. She accepts the divine right of kings, queens, and their representatives.
I. She flipped a coin.
J. She's waiting until she gives her New year's message.

 

[Ron in Regina]

K. The GG's role is usually just as eye-candy to show off how progressive Canada is.
That's why former (& photogenic) journalists have played that role lately. When push
comes to shove and she/he has to make a real decision; they're appointed by the PM;
with the PM as their advisor. She accepted the PM's appointment to be GG, and she
accepted the advice of the PM, and called it her decision. It's not like the GG is a
Constitutional Lawyer, or even just a Lawyer, or even had anything to do with politics,
or was even appointed by the Queen...she's a figurehead appointed by the PM. That's
really all the GG's position has become. What (really) was she suppose to do???

If I'm wrong, wouldn't there have been somewhat of a different outcome? Even some
kind of an explanation? But what do I know...I'm one of the few that wanted another
election...you know...let Canada decide Canada's fate democratically in the light
of this Coalition fiasco...

 

[JLM]

I know it should be Governors General but that's a bit too quaint!

You beat me to the punch.

 

[Dexter Sinister]

L. None of the above.

There are a lot of subtleties involved in the role of Governor General. It'd take a pretty smart and articulate constitutional expert, which I definitely am not, to explain them fully and intelligently; if you can find more than one such expert, you're likely to get explanations that won't agree on all points. We can reasonably assume that, in the simplest terms, Harper advised the GG to prorogue the House and she took his advice, so the responsibility is Harper's. She is not, however, bound to do so. She could have refused, told him to meet the House and take his lumps, or she could have dissolved the House, leading to an election. it was perfectly clear that Harper's government had lost the confidence of the House, but the legal formality of the government falling on a vote in the House hadn't happened, which is all that made prorogation an option.

As an unelected official the GG is expected by tradition--there are no laws requiring it--to stay apart from the fray of partisan politics, and a speech or document in which she explained the reasons for her decision would certainly have been seen as crossing that line by some people. There's a good, though long, discussion of how the government works here, , by the inimitable Eugene Forsey, who *was* a constitutional expert, and if you can get hold of an old political science textbook called The Government of Canada by R. McGregor Dawson, in one of the later editions revised by Norman Ward, there's a very good discussion of the role of the GG in it. I think there's also a more recent edition revised by one of Professor Ward's colleagues (Dr. Ward died in 1990) at the U. of Sask, either David Smith or Johhn Courtney, but I haven't seen it.

 

[Dexter Sinister]

If I'm wrong...

Actually, you are. The Governor General is appointed by the monarch, on the advice of the PM, and up until the Imperial Conference of 1926 was actually an officer of the British Parliament. I've just looked all this stuff up in my copy of the textbook* I referred to in my previous post, and it contains 23 pages of fairly dense prose discussing the role of the monarchy and the Governor General, so obviously we're not going to cover it all in a message the size of a post anybody would read.


*in case you're wondering why this old engineer has such a textbook... I took Political Science 101 as one of my arts electives, it's a good book, for decades it was THE basic text on the structure and institutions of the federal government, and may still be for all I know. And I never discard or sell a good book. Besides, I knew Dr. Ward well, went to school with all his kids, and my copy is autographed.

 

[Ron in Regina]

Dexter, has the Queen ever NOT appointed a Governor General at the advice
of a PM? If not, then isn't the "appointed by the monarch" just a rubber stamp
for all intents and purposes, of the will of the Prime Minister?

 

[Dexter Sinister]

Dexter, has the Queen ever NOT appointed a Governor General at the advice of a PM?

Yes, the textbook I've been referring to cites several examples of such disputes, though none recent, they're all prior to 1931 when the Statute of Westminster formally and legally acknowledged that the Governors General of the Dominions were not officers of the British parliament and were not there to represent British imperial interests. It's a rather strange story to a non-legal mind, but my understanding of it is that it represents the transition from the executive authority being vested in the person of the monarch to it being vested in the institution of the crown and its delegated authorities, which effectively means the GG, the Prime Minister, the cabinet, and the public service, in varying degrees. The Governor General, for instance, will never consult the monarch anymore, the position is functionally completely independent of British institutions. It's never been made clear whether or not the monarch has powers that the GG doesn't have, apart from the power to appoint the GG, it's never been tested. Also unclear is the status of the GG when the monarch is in the country; can the GG sign bills into law, for instance, when the Queen is visiting Canada? Nobody knows.

 

[Ron in Regina]

Trippy.8O

 

[Dexter Sinister]

Trippy.8O

Yeah, I agree completely, our constitutional situation is pretty bizarre, and we share it to a large extent with Australia, New Zealand, Bermuda, and a host of little places around the planet, remnants of the old British Empire that still recognize the British monarch as the head of state. I sure as Hell don't understand it, and I don't think anyone really does. But it seems to work pretty well most of the time, and I dunno what more we can expect from our political institutions.

 

[Spade]

I dunno what more we can expect from our political institutions.

Clarity and honesty.

 

[Spade]

During the 37th Parliament of Canada (2001 - 2004), the Standing Committee on Government Operations and Estimates reported on the constitutional and traditional roles of the Governor General.

A recommendation from the committee's report reads:

"That the Parliament of Canada consider whether it should terminate the constitutional exemption of the Governor General (Head of State) from reporting to Parliament."

This would contribute to more transparency and accountability of the GG.

PS
I did not dust off my copy of Dawson as that part of the basement has too many cobwebs!