On the Question of Prorogation
First, at the outset, let me say that The Right Honourable Michaëlle Jean C.C., C.M.M., C.O.M., C.D., the 27th Governor General, had been placed in an absolutely unacceptable position by the prime minister of the day. It is generally agreed amongst political scholars and academics that it is inappropriate to resort to the prerogative powers of the Crown to avoid an expression by the House of Commons of non-confidence in the Government.
At the time that The Right Honourable Stephen Harper P.C., M.P. (Calgary Southwest), the Prime Minister had sought the prorogation of the Parliament of Canada, the House of Commons had, on its Order Paper, a motion of confidence that all spectators knew was going to decisively defeat Her Majesty's Government for Canada. So, to avoid the judgement of the Commons, the prime minister went to Rideau Hall and requested a dissolution. In what is now known to us, Ms. Jean made the prime minister wait for over two hours (most probably a symbol that the Crown has the ultimate constitutional authority, and not the prime minister).
Where I disagree with the former Governor General, is where Ms. Jean accepted the prime minister's recommendation, and ordered that the Houses be prorogued. Previous constitutional precedent had been that a prime minister shall not have a request to disrupt the proceedings of Parliament accepted while the House of Commons is seized of a motion of confidence. When the late Field Marshal The Right Honourable The Viscount Byng of Vimy G.C.B., G.C.M.G., M.V.O., D.C.O., the 12th Governor General was advised by The Right Honourable William Lyon Mackenzie King P.C., O.M., G.M.C., the 10th Prime Minister, to avoid the resolution of a motion of confidence before the House of Commons, the Governor General rejected the prime minister's advice. The prime minister resigned, and the then-Leader of the Opposition was asked to form a Government. The precedent was clear; a prime minister may not advise a disruption of Parliament when seized by a motion of confidence.
The problem with the adoption, by Ms. Jean, of Mr. Harper's advice is that it may have overruled the old precedent and established a new one. If the House of Commons is about to reject the throne speech, the prime minister could ask for Parliament to be prorogued instead, so he can introduce a new throne speech. If the House of Commons is about to defeat a budget, the prime minister could ask for prorogation, so that a new budget can be introduced. If the House is about to adopt a motion of no confidence, the prime minister could ask for dissolution, dropping the no-confidence motion from the order paper. This sets a very dangerous precedent, as it undermines the principle of responsible government--that is, that the Government must at all times enjoy the confidence of the House of Commons in order to govern. Responsible government is the core of what makes parliamentary democracy "democratic". We cannot simply do away with the confidence convention, without transitioning to a completely different constitutional system of government.
The Great Success of the Right Hon. Michaëlle Jean
Ms. Jean, as Governor General, did something that her predecessors largely failed to do. She brought national attention to the Office of the Governor General (even the prorogation controversy notwithstanding) without questionable spending practices. Ms. Jean used the Office for genuinely honourable (even "right honourable") purposes; her mandate saw the creation of a new website, Citizen Voices, for youth to engage the viceregal office and our constitutional history and development; her speeches were engaging and inspirational; and most importantly, she reminded Canadians of the value of the Office. I was always impressed with how Ms. Jean was able to portray the elegance and dignity of the Crown, enriched with her own wealth of personal experiences and thoughts, while keeping the Office distinctly separate from that of the Government of the day.
And Ms. Jean was able to do all of this without any controversies over spending! Former governors general had largely failed to bring high attention to the Office, unless it was through massive or questionable spending practices (the tenure of The Right Honourable Adrienne Clarkson P.C., C.C., C.M.M., C.O.M., C.D., the 26th Governor General, comes to mind--though I feel that she was greatly wronged by the Liberal Government of the day, that's a discussion for another thread). Ms. Jean handled the Office with a startling fluency, and with a sincere passion that was quite refreshing. I very much feel that whatever dust of anachronism that had plagued the Office has, thanks to Ms. Jean, been very much shaken off.
Best wishes, and good luck, to His Excellency the Right Honourable David Johnston C.C., C.M.M., C.O.M., the Governor General of Canada.
His Excellency has big shoes to fill.
And I know that we can still expect great things of Michaëlle Jean, as Special Envoy to Haiti of the United Nations Educational, Scientific and Cultural Organisation.
