5. Prorgation - Abuse of Power?

ISSUE #1: Prorogation and the role of the Progressive Coalition Rally

Governor General

Afghan Detainees

Coalition partners?

Pro Canada Rally

Mr. Meunier, St. Albert High

Prorogation: Power of the Governor General Should Canada adopt more specific rules about when a the House of Commons may be prorogued?

Controversy: Prorogue Parliament •  •  • 

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Governor General Michaelle Jean

Prime Minister Harper

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Prorogation of Parliament ends a session parliament when the agenda has been completed. Often there is an election. However sometimes prorogation is an opportunity for the governing party to refocus and announce a new agenda. At prorogation all proposed legislation not passed dies. Parliament will be recalled after prorogation. A new session of Parliament will begin with a new “Speech from the Throne.” In 2008 there was an election in mid October and the Conservatives won a minority government. Finance minister Jim Flaherty tabled a fiscal update that some believed was meant to provoke the opposition. It contained measures which: •  Removed the right to strike form the civil service until 2011 •  Contained no stimulus package despite the financial crisis caused by the housing bubble in the USA •  Would remove the per vote subsidy paid to political parties which would have been a serious blow to the finances of the Liberals. In response to these measures the opposition planned to introduce a measure of non-confidence that would defeat the government

Coalition Controversy • The Liberals and NDP planned to form a coalition with the support of the Bloc Quebecois. They put their agreement in writing and were planning to send the agreement to Governor General Michaelle Jean. • In order to avoid this vote PM Harper asked and got a Prorogation of Parliament from then GG Jean Jack Layton (NDP) Stephane Dion (Lib) and Gilles Duceppe (BQ)

Anti Coalition protest 2008 Pro-Coalition Rally

Role of the Governor General Governor General Michaelle Jean had to decide whether or not to Prorogue parliament as the Prime Minister requested. Some people argue that the Harper gov’t was simply trying to avoid a vote of non confidence and the GG should refuse to Prorogue parliament. They argue that the session was only a few weeks old after an October 14 election. They further argue that the prime minister’s authority is premised on the belief that he has the confidence of the house. Three party leaders had publicly stated they did not have confidence in the government. The GG they say should refuse. There have been instances in the past similar to this one where the GG refused to go along with the Prime Minister. The Conservatives and their supporters engaged in a vigorous response. They called the idea of a coalition illegitimate. The Liberals only had 25% of the vote and would have to make a deal with separatists. They called the opposition move an attempted coup. A tape surfaced where Jack Layton stated the ground work for the BQ support was laid a long time ago, suggesting a long term plan.

What should Michaelle Jean do? •  The Governor General had three choices: •  Prorogue Parliament •  Insist that Parliament continue to meet and if the government fell invite the opposition leader to try and form a government. •  If the government fell she could order a new election.

•  What would you do?

Protestors Against Prorogation 2009 • December 2009 PM Harper was facing allegations that the governent knew that our forces handed over prisoners of war in Afghanistan to the the Afghan army knowing that these prisoners would likely be tortured. He had tried to delay or stop public hearings on this issue Harper again asked then GG Michaelle Jean to Prorogue Parliament, which she did.

Opposition charged that this was a cynical and draconian abuse of power in an attempt to prevent the opposition from holding the government to account. People across Canada protested.

Prorogation and Abuse of Power? •  (Oct 15, 2012) Premier of Ontario Dalton McGuinty Resigned as leader of the the Ontario Liberal Party and as Premier. And he prorogued parliament. •  McGuinty has been widely criticized for this act because he is facing contempt charges in the provincial legislature over the closing to two gas plants. McGuinty is accused of knowingly hiding the true cost, which is much higher than the stated cost. By proroguing the legislature all legislative inquiries have ground to a halt.

“The price of freedom is eternal vigilance.”

Is Canadian Democracy at Risk? Should the rules about prorogation be reformed? Legally the constitution was not violated in any of these cases. This has caused many to suggest a constitutional amendment to introduce specific rules about prorogation. Others have argued that you cannot interfere with Royal prerogative. They also point out that the voters have an opportunity to punish leaders who abuse their power in a very short time when Parliament resumes or at the next election. THE CRUCIAL ROLE OF AN INFORMED PUBLIC Many long time political observers are concerned about the erosion of democratic process in Canada. They fear that the failure of voters to punish political parties for perceived abuse of power means that it will become institutionalized. Some have linked McGuinty’s use of prorogation to Harper’s experience. Is this the “New Normal” in Canadian politics?

Friday (Oct 19, 2012) Andrew Coyne (Editor of Maclean’s magazine) wrote the following in the National Post: “Suppose, for the sake of argument, Canada were a democracy. Imagine, as a thought experiment, that anyone gave a damn. What would be the warning signs that we were losing it? At what point would we decide we had crossed the line? Here’s a thought: Suppose a provincial premier, threatened with a contempt vote for withholding documents from the legislature, were to respond by shutting the place down indefinitely. And suppose, that same week, the federal government were to pack a pile of wholly unrelated legislation into a single bill, and demand Parliament pass the lot. Now suppose I told you these were not isolated or unusual events, but increasingly the norm.

That is perhaps what is most disturbing about the past week: how routine it has all become, how little outrage it arouses.”