Professor Henry Srebrnik

Professor Henry Srebrnik

Saturday, April 28, 2007

April 28, 2007


Gov. Gen. Has Power to Thwart an Election

Henry Srebrnik, The Calgary Herald

Most Canadians are less than enthusiastic about the prospect of a third federal election in under four years.

But what if the following were to happen in the near future: the opposition parties gang up on the ruling Conservatives and defeat them, resulting in the fall of Stephen Harper's government?

However, rather than dissolve Parliament and force Canadians into another trip to the ballot box, Governor-General Michaelle Jean asks someone else – presumably Stephane Dion – to try to form another minority government, with support from other opposition parties.

After all, this kind of thing happens often in multi-party states such as Israel or Italy. One coalition government succeeds another, and parliamentary life goes on.

Though it is within her constitutional prerogative, could our governor-general get away with this in Canada? How much political, as opposed to symbolic, credibility does Jean really have? She was just a TV personality before being selected in 2005, almost on a whim, by then prime minister Paul Martin, to replace Adrienne Clarkson.

There was no oversight, consultation, confirmation by a legislature, or election by an electoral college or by the public at large, as is the case in most countries which have a ceremonial head of state above partisan politics.

Unlike many a monarch or president, Jean had no constitutional or political experience when selected. If she were to designate Dion as prime minister, it would amount to Martin strangling Harper from the political grave.

This whole scenario highlights the ridiculous constitutional limbo Canada finds itself in. Our recent governors-general have basically been patronage appointments made by the prime minister of the day.

Where else does a political leader get to choose his constitutional boss? Certainly not in Britain, Germany, India, Ireland, Israel, Italy, Norway, Sweden or numerous other nations with political systems similar to ours.

As a consequence, our governors-general no longer have the kind of political legitimacy afforded the monarchs and presidents of the aforementioned countries.

We should either go the whole way and become a republic with a formal head of state who is not picked out of a back pocket by a head of government or, at the least, institute a proper procedure, including input from a wide variety of sources, for selecting our “stand-in” for our British-domiciled head of state, Queen Elizabeth II.

Yet when I called attention to this issue at a panel discussing Canadian politics at the annual convention of the Western Social Science Association, which met in Calgary last week, none of the political scientists seemed particularly perturbed. They feared the consequences of “opening up the constitution,” which would be the only way to solve the problem.

Has Canada become such a frail creature that no one wants to disturb it unduly, lest it expire altogether?

2 comments:

David Wozney said...

Re: "...Governor-General Michaelle Jean ..."

The Governor General of Canada is a "corporation sole", according to Elizabeth II in this web page document. A "corporation sole" is defined and recognized as being a corporation.

It is a fiction that a corporation is a person.

"A corporation is a fiction, by definition, ...", according to Patrick Healy in a statement that can be read here.

"A corporation is a 'fiction' as it has no separate existence, no physical body and no 'mind'", according to this presentation by Joanne Klineberg.

David Wozney said...

Elizabeth II is not Queen of the United Kingdom of Great Britain and Ireland, contrary to the requirement in this Fifth Schedule.

According to the British North America Act, 1867, the provinces of Canada, Nova Scotia and New Brunswick expressed their desire to be federally united into one Dominion under the Crown of the “United Kingdom of Great Britain and Ireland”, not the Crown of the “United Kingdom of Great Britain and Northern Ireland”.