Re: Harper’s Request for Prorogation
Five, is that you? Good to hear from you again, even if we fundamentally disagree. Your posts always were thought provoking. Just a comment on the above though, why would you think it would have been a good idea last election, when there have certainly been other election results where the same process could have been done, the only difference being the other results were, for the most part, Liberal minorities (Trudeau, Martin, etc)?
Hello,
AlbertaBlue! :smile:
The constitutional convention is that the
existing prime minister (notwithstanding the results of the election) has the right to meet the new House of Commons, and attempt to seek the support of that House. Now, this could mean that the Conservatives could have less seats than the Liberals, and continue to govern with the votes of the Bloc and the New Democrats—that is entirely constitutional,
and entirely democratic (because the Government would function with supply approved by a majority of voices).
The Liberals, however, would not have the ‘right’ to govern, even if they teamed up with other parties, unless the prime minister resigns or is dismissed, and the same would be true the other way around; however, it’s important to distinguish between two scenarios that would probably be confused with one another.
Let’s say the
current Government is a Liberal minority, and there is now an election; if the Conservatives won the election, but did not have a majority of seats, the Liberals would nonetheless have the constitutional right to meet the House of Commons and attempt to seek the House’s support to govern (through Bloc and New Democratic votes). If the Liberals, under such a scenario, are able to receive the House’s support on a throne speech, then the Liberals have a democratic mandate to govern. If the Liberals’ attempt to pass a throne speech was defeated, or the Government was defeated too quickly, then there is precedent for the Governor General to ask another party to govern, provided that such a party can receive the support of the House of Commons (and therefore a democratic mandate to govern).
Now, second scenario: Let’s say the
current Government is a Conservative minority, and there is now an election. The Conservatives win less than a majority of seats, but less than the Liberals; even
if the Liberals campaigned on a partnership with the New Democrats and they, together, had more seats than the Conservatives, the Tories would nonetheless have the right to meet the House of Commons to seek support. However, the Liberals would
not have that right (unless the Conservatives were defeated within an extremely short timeframe), because they are not the incumbent Government.
All true, but conveniently ignoring two important points.......
First off, the BQ must NEVER be allowed to place their greasy mitts anywhere near the levers of power.....and yes, the Coalition did include them, God knows what they were promised........
For greater certainty, the Liberals and New Democrats would have formed the ministry entirely out of those two parties; the Bloc would not have been considered a part of the governing party, and rather, had only agreed to support the proposed Government on matters that would precipitate governmental defeat. It was a Liberal–New Democratic partnership, with the
support of the Bloc Québécois. Just to clear that up.
Secondly, in such a case, IMHO.......the GG should have called a new election, Conservatives versus the Parties of the Coalition. It was very clear at the time that the People were outraged at the idea of a Coalition gov't that included a partnership with the BQ, silent or not. I can say with little fear of contradiction that had such an election would have returned a Conservative majority.....
The prime minister should never have made a request for prorogation when there was a question of confidence before the House of Commons; it was entirely inappropriate, and prime ministers have been dismissed for attempting to avoid such questions of the Commons. In my opinion, the request should have been denied, and the Governor General should have presented the prime minister with two options: (
a) dissolve the legislature entirely and drop the writs for a general election, or (
b) return to the House and face the music.
Now, if the prime minister has returned to the Commons and the Government had been defeated, then it may have been appropriate for another party to be summoned to government, provided that the time since the last election had been extremely short (for example, less than six months). That’s an extremely exciting facet of Canadian constitutional conventions and law—we have a system that can adapt to the day-to-day needs of the constitutional landscape.
Unfortunately, Harper paniced at the thought of the BQ in power...
I don’t think so.
I think he panicked, rather, at the thought of his loss of the prime ministership.
He ran to
Rideau Hall, and asked for a “do-over”.