Cynicism and Calculation
The Prime Minister's latest move, to pick up the phone and ask the Governor General to shut down parliament until early March, proves once again his extreme cynicism and mastery in political calculation. As commentators, from Jeffery Simpson, to John Ibbitson, to Andrew Coyne have pointed out, there is no excuse for this affront to democracy. But as Ibbitson noted, Harper is probably right in guessing that in the week between Christmas and New Year, on New Year's Eve, not enough people will be outraged. As Kady O'Malley pointed out, you cannot even dream up the talking points for this one. Parliament gets in the way of Olympic games? Athletes will find Question Period an artificial performance enhancer?
There is no precedent for this. Amazingly other nations have managed to have government continue during the Olympics. PMO flak Dimitri Soudas, last seen in Copenhagen haranguing and wrongly accusing Stephen Guilbault of a prank that embarrassed Canada, announced that prorogation was necessary as the government's economic approach required "recalibration." "Recalibration"-- there's a word to conjure. Obviously having Parliament in session would exude vibrations interfering with the total stillness required for recalibration. As Coyne said, this is "bilge."
What now? We need to expect the unexpected. We need to kick and scream at this insult to democracy -- because that is what it is. We need to support each other, efforts by other parties, non-political leadership. Wherever a clear and compelling call for democracy emerges, that voice must be supported.
When I wrote my last book ("Losing Confidence- Power, politics and the crisis in Canadian democracy") I thought we had seen the most outrageous abuse of our system of government. But this is worse. Harper's move this week is premised on the assumption that enough Canadians simply do not care about democracy or the role of Parliament. It presumes that Parliament can be shuttered for trivial political reasons; that legislation, committees, government accountability, a climate plan, progress on pensions, the investigation of the alleged cover-up in the treatment of Afghan civilians and other detainees --- that none of that matters enough to have consequences for Mr. Harper.
In the interests of democracy, let's hope this time his cynicism has miscalculated.
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Comments
We need sustainable democracy
“Harper's move this week is premised on the assumption that enough Canadians simply do not care about democracy or the role of Parliament.”
I fear that his assumption is correct and that this added to the simple ignorance of many regarding our Parliamentary Democracy will simply mean more of the same.
Some in the Green Party regard “green” issues as the most important for the party, I submit that without democracy all other efforts to change things for the better will come to naught. Let us all speak loudly and often on this issue for it goes hand in hand with all the other types of “sustainability”.
Democracy requires dialog, please join us at http://democracyunderfire.blogspot.com/
Professor of Constitutional Law says....
“This abuse of executive power is tilting toward totalitarian government and away from the foundations of democracy and the rule of law on which this country was founded. “ Errol P. Mendes Professor of Constitutional Law, University of Ottawa
http://www.thestar.com/comment/article/745949
Enough said, but do read the whole thing!
Democracy requires dialog, please join us at http://democracyunderfire.blogspot.com/
What are the legal limits?
Are there any constitutional lawyers out there that can comment: Are there any specified conditions or limitations on proroguing parliament?
Otherwise it would appear that a PM could continuously shutdown parliament at will? And for any length of time?
Harper does not prorogue
Harper does not prorogue parliament. The GG does. She can do whatever she wants while the Queen is not on Canadian territory.
In Theory
In theory the GG has that power however……
“It is important to note, however, that while the written constitution explicitly places executive authority in the hands of the Monarch and his/ her representatives, unwritten constitutional convention holds that this authority is actually exercised by the Prime Minister and his/her Cabinet.”
“In addition to the written provisions of the Act, there also exist several unwritten constitution conventions that are fundamental to the operation of Canada’s parliamentary system. These include executive dominance by the Prime Minister and Cabinet (at the federal level) and by the Premier and Cabinet (at the provincial level), as well as the practice of responsible government.”
“The Act further provides for the offices of the Governor General of Canada (at the federal level) and Lieutenant Governors (at the provincial level), recognized as the Monarch’s representatives in Canada. It is important to note, however, that while the written constitution explicitly places executive authority in the hands of the Monarch and his/ her representatives, unwritten constitutional convention holds that this authority is actually exercised by the Prime Minister and his/her Cabinet.”
http://www.mapleleafweb.com/features/canadian-constitution-introduction-canada-s-constitutional-framework#provisions
Therein lays the problem, tradition, the constitution and actual practice are at odds and so the PM is more or less free to do as he pleases. There was a time when parliament had to vote to prorogue but that is no longer the case.
Democracy requires dialog, please join us at http://democracyunderfire.blogspot.com/
Convention vs. Law
You are confusing convention with law. Convention is just what is typically expected, and in most case-law, it can come into play, but convention is not relevant when it comes to constitutional law. No court of jurisprudence has the authority to reinterpret powers of the GG because of historical conventional. The importance of convention is only to assess whether or not the Queen, presumably under request by the Privy Council, may decide to dismiss her for not representing Her interests.
This is very straightforward. The fact that the PM is abusing his privilege of confidence with the GG is a question for the GG and Canadian voters.
Constitutional Law
Technically Bram, we use
Technically Bram, we use common law where convention and precedent are the law, even as far as constitutional law.
The GG is a representative of the crown is bound by convention and judicial interpretation, just as a member of the supreme court is. Failure to do so would launch a constitutional crisis.
However, the legislature and parliament can not pass laws limiting the power of the governor general.
The most relevant act of this was last year's election where parliament had passed a fixed election date law, yet the governor general was not bound to it. However, convention dictated that the governor general would honour the PM's request for an election which he could make as head of the privy council. The privy council/cabinet is not actually a subset of parliament though (but an advisory board to the GG), so the PM/privy is not actually bound by parliamentary dictate to not ask.
The biggest constitutional problem is that while the PM has been given full authority, there is no such individual as a prime minister named in the constitution.
So, in fact convention has provided an extra constitutional position of Prime Minister from the Privy council with full advisory powers on all matters of government, the question brings about an impending conflict between the house and the privy council, as the privy council has constitutional authority, but the house has long recognized moral legitimacy.
Any constitutional lawyers reading this?
To rephrase; are there any legal/constitutional; conditions and/or limits on proroguing parliament. Frequency, length of time?
What's stopping the GG on the request of the PM to prorogue parliament every time its just started a session and for long periods of time, effectively neutralizing it?
Not much as far as I can see...
David, that is a very good question and one I have been trying to find the answer to since last years fiasco. I sent some time today searching the parliamentary web site, constitutional documents, parliamentary procedures and practices information and standing orders and whilst the proroguing was mentioned in passing NO limitations were mentioned. It would seem to be one of those “unwritten constitution conventions” and rely “the practice of responsible government.” by the PM. I did read somewhere in the past that parliament could be prorogued for up to a year but how much truth to that there is I do not know. The date of return can be extended at any time by “proclamation” so the March date is not written in stone! Like yourself I hope that some others more knowledgeable can shed some light.
Democracy requires dialog, please join us at http://democracyunderfire.blogspot.com/
Thoughts on Prorogation.
Prorogation is completely conventional, as the only constitutional requirement is to have elections every 5 years. Governments can have parliaments sit or stop as they like.
However, prorogation or not, the Prime Minister will have to get a budget through at least once a year, and will have to face parliament for a confidence vote on that.
So, while a government can avoid parliament for much of the year, they must still get their fiscal measures approved by the house and those are always confidence votes.
The fundamental rule of responsible government is that the governor general is hands off provided the government of the day can show they get their money bills past.
While we can complain, to be fair, most sessions in our history have only lasted about 12 months, and if there was to be a logical time, it certainly would be going into the Olympics.
http://www2.parl.gc.ca/parlinfo/compilations/parliament/ThroneSpeech.aspx
Last year's prorogation was exceptional, because it happened two months into a session. Even more so in that it happened with full knowledge that the opposition planned to put forward a motion of no confidence in the government.
That was of serious concern using prorogation to avoid a confidence vote.
However, prorogations on their own are completely normal and democratic aspects of our system. It cancels all government legislation and lets the government set a new agenda. (I'm glad a few of the draconian crime bills were dropped myself.) The Liberals in the past have used prorogations to give themselves a bit of extra life, so I also don't think this time around there is anything extraordinary about it.
I think, that post recession and with mounting deficits, next spring certainly is the logical time for reset on the governments agenda. It has to move from shovel-ready politics to deficit reduction anyways. Copenhagen is past as well. I don't think I'll like their new agenda any more than their old one, but I still think the Conservatives need to articulate a new one after all of the changes over the last year.
As for the Senate: with the next round of Senate appointments the Conservatives will hold the balance in the senate and prorogation will allow them to reform the committees to reflect that.
I don't like it, but then again, I don't like an unelected senate anyways. (Even if it has acted favourably to my causes on occasion.)
However, as long as we have that outdated institution in place whose composition is chosen by the government of the day, we must understand the Conservatives have every democratic right to want to see their majority in the senate reflected on committees.
Three months
I think the biggest issue for the government will be the perception that they are taking three months off.
This isn't quite true, as parliament is not government, it is the legislative/enabling branch and the government will still function.
However.. optics and perception is more important in politics than anything else.
April 13th election
A sure sign will be if
A sure sign will be if there's a sudden appearance of more 'personal-attack' ads targeting Ignatieff even before the March 3rd opening of parliament. Harper uses the Republican play-book and it includes pre-emptive strikes.
Expect a regressive financial-conservative budget obsessed with getting out of ‘deficit’. Stimulus spending over. Lots of deep program cuts including EI. Sale of government assets. But as a vote-getter, perhaps a little tax-carrot for the middle class – a child support bonus that will amount to a couple of dollars a day.
Its a win-win for Harper. If the budget is defeated, we go to an election with the opposition at fault. If it passes, he gets his neo-con budget and he can still call an election at any time the polls favour him.
Thanks for the background on
Thanks for the background on prorogation Dan. I wonder whether other countries' parliamentary governments based on the same British model have modified this power. It does seem to leave the door wide open for misuse, shutting down debate and padlocking elected representatives out of parliament for long periods.
In the past, tradition, precedent and unwritten rules were as much a part of the constitution and governing as the written acts forming the constitution. Today, if you can't be prosecuted for it, its not wrong. Maybe we need to put down in writing many of the unwritten procedures that made governments honour the spirit of democracy not just the letter of it.
Britain is still basically
Britain is still basically the same, as is Australia and I assume the few other parliaments have similar circumstances. In most countries, they have a clear separation of legislative and executive branches and thus the government does not face the legislature like they do under Westminster style.
Remember, it is only because we are in a minority government that we really notice these sorts of things.
Typically, under majority governments, this would be much more business as usual as the governing party tends to hold the majority on the committees and usually get their way in the legislature within their time frame.
Usually, its the opposition parties trying to use their limited powers to stall the governments legislative agenda.
We see that with fillibusters, or I remember a few years ago the Texas democratic legislators fled the state and locked themselves up in a hotel in the next door state to delay a electoral redistricting measure.
It is only in a minority situation where the government is forced to maneuver against a hostile commons that such things happen.
In BC, we have had a minority government since the 1950s, but at that time the government managed to delay their budget by months and months until they were organized enough to face a possible general election.
Most countries accept coalitions, so in those countries there is a much bigger shared governing experience, and with proportional representation there is not such a tactical precision at which parties woo and try to win over swing voters via narrow casting.
One of the big problems we have is so little of our government procedures are properly codified. Remember, we still live in a monarchy, where the sovereign has powers that have been eroded through concession and convention.
Manipulating a political system through its own loop holes is neither illegal, nor unusual, nor new.
If you want to see our current system look normal, read the biography of George Brown or some of the pre-federation text.
http://tinyurl.com/yb5p3gt
You may actually be surprised that very little has changed in a 150 years. Those years of responsible government prior to confederation were times of almost constant minorities and coalitions and back and forth between the governor general and the various governments who were trying to serve out more than a few months.
Confederation itself only came about after the government lost a confidence motion, (about the third in two years) and MacDonald scrambled around with the GG for a delay in an election, until he could get Brown and the grits to prop him up on condition they were able to hold a constitutional conference. Remember the early years were full of scandals.
Wartime coalitions in the 1940s gave Canada some respite, but the 1950s and 1960s were a time of about 7 elections in 15 years due to minority government, so our current volatility is nothing new.
I think, though, the biggest change has been in the media coverage of politics, and the lessening of the role of the individual MP.
Parliament has lost the role of the elder states person, on all sides of the house.
Writing down the unwritten
As you observed, ‘One of the big problems we have is so little of our government procedures are properly codified.’
In this ultra-competitive era of ‘super-capitalism’: If not written down in law, you don’t have to obey it. If you can’t be prosecuted for something, its not wrong. The growing abuse of the powers of the Prime Minister’s office (not just Harper but Crétien and others) begs the question. Is it not expedient to write down in black-and-white, many of the unwritten procedures that ensured that governments honoured the spirit of democracy, not just the letter of it?
I realize that abuse was rife in certain past times, but I still believe that it would be of general benefit to better codify our parliamentary democratic procedures. This is the era of no shame, no honour, just money. (n.b. Sarkozy, Berlusconi)
How to get it done?
I agree entirely, but how can this be accomplished, and by whom? A parliamentary or senate committee would seem to be the answer but how many MPs would have any interest in this, which brave member is going to bring a bill forward, and can you imagine the various partisan committee members coming to any agreement as to how thing should be or even were intended to be. I fear we are stuck forever in the individual interpretation of the ever shifting “parliamentary convention” for how our democracy is run.
Democracy requires dialog, please join us at http://democracyunderfire.blogspot.com/
Calculated indeed
Mr. Harper has definitely made assumptions about the Canadian public. I highly recommend a read over his 1997 speech to a US Right Wing Think-Tank. If you are at all confused by his behaviour this should clear things up.
http://tinyurl.com/dvtm4
Actually, a more confounding
Actually, a more confounding article is Harper's 1996 essay with Tom Flanagan in which they call for proportional representation, coalition governments, and more respectful politics.
"In today's democratic societies, organizations share power. Corporations, churches, universities, hospitals, even public sector bureaucracies make decisions through consultation, committees and consensus-building techniques. Only in politics do we still entrust power to a single faction expected to prevail every time over the opposition by sheer force of numbers. Even more anachronistically, we persist in structuring the governing team like a military regiment under a single commander with almost total power to appoint, discipline and expel subordinates.
I reposted the whole piece..
http://dangrice.com/node/237
Governor General obsolete
can we not petition the queen to recall the Governor General? Do our elected officials have this right or do we as citizens have a right to request that a petion be drawn up and signed?...if Stephen Harper can find a loophole, I am sure that a constitutional lawyer or scholar can find a loophole to free the Canadian people form this insanity and bring back democracy.
GG
We certainly can 'petition' the Queen to recall the her representative, but convention dictates that the GG is recommended by the Prime Minister and for the Queen to do anything but agree with the head of government, (thought she be the head of state) would be practically unthinkable.
The Queen by exercising her power would nip at the concept of responsible government. Ironically, both the PM and GG conventionally hire and fire each other.
Parliament though, could technically pass a parliamentary procedure on how the PM makes his recommendations similar to the senate election act recommended a few years ago. (In which senators were not actually elected, but still appointed with the elections being but suggestions.)
Banana republic indeed
Ms. May,
Happy New Year but how unauspicious is its debut!
Unfortunately, I believe you were right. Canada is indeed a banana republic without benefit of fruit.