Jean's decision sets 'very dangerous' precedent: constitutional expert
Last Updated: Thursday, December 4, 2008 | 4:55 PM ET
CBC News
Related
IN DEPTH: Coalition crisis
- Q&A: Coalition government
- How might it work in Canada?
- The delicate role of the Governor General
- A viceregal power or an archaic authority?
- Economic update
- Federal government still projecting surpluses — but no guarantees
- When the majority doesn't rule
- Survival isn't easy in often short-lived minority governments
- House of Commons seating chart
- Sort by province, party and gender
- Coalition crisis news archive
- A collection of this CBCNews.ca stories on the political turmoil
Your Voice
- Province by province, readers react to coalition crisis
- Your View
- Send us your political poetry
- Your Forum
- What would your 'fantasy' coalition cabinet look like?
- Your Best Stuff
- Your comments today: Record-breaking numbers
Viewpoint
- WASHINGTON FILE: Neil Macdonald explains the crisis to Americans
- Jesse Brown: Coalition confusion? Here’s your partisan toolkit.
- Norman Spector's advice to the Governor General: let the people decide
- How Gov. Gen. Michaëlle Jean could possibly decide now that a coalition led by an interim leader and so lacking in democratic legitimacy could provide stable government to Canadians is beyond me.
Blogs
Documents
- The accord between the Liberals and the NDP
- PDF document
- Coalition's policy to address the present economic crisis
- PDF document
CBC Archives
- The King-Byng Affair
- In 1926, Lord Byng, the Governor General, refused Prime Minister Mackenzie King's request to dissolve Parliament and invited the opposition Conservatives to replace King's Liberals as the government.
- Remembering Robert Borden
- In order to pass conscription into law, Borden created a new Unionist party made up of Conservatives and pro-conscription Liberals, and then called an election, which the Unionist party won.
A constitutional expert says he's worried the Governor General's decision to suspend Parliament sets a "very dangerous" precedent that allows future prime ministers to use the same manoeuvre to avert their own government's demise.
"This is a major constitutional precedent and that worries me more than anything else," said Errol Mendes, a professor of constitutional law at the University of Ottawa and editor in chief of the National Journal of Constitutional Law.
"Any time that the prime minister wants to evade the confidence of the House now he can use this precedent to do so," said Mendes, who was appointed to the Privy Council Office by former Liberal prime minister Paul Martin in 2005.
Around midday Thursday, Gov. Gen. Michaëlle Jean granted a request from Prime Minister Stephen Harper to suspend Parliament until late next month, a move aimed at sidestepping a confidence vote set for Monday.
The New Democrats and Liberals had signed a pact to form a coalition supported by the Bloc Québécois, and intended to ask the Governor General allow them to govern after toppling the government.
Defence Minister Peter MacKay defended the Conservative leader's move, saying the Governor General was "duty bound" by precedent and parliamentary procedure to accept Harper's prorogation request.
He suggested concerns about setting a dangerous precedent were unwarranted.
"This is certainly an unprecedented situation that we saw unfold. I hope that we won't come to the brink of this type of effort to unseat a sitting government going against the democratic wishes of the people of Canada," he told CBC News.
While experts say the Governor General has always approved requests from the prime minister to prorogue Parliament, they note that the vice-regal envoy has never encountered a request so soon after an election. The Conservatives were re-elected on Oct. 14.
Mendes says Parliament should pass legislation to prevent abuse of the prorogation in the future.
"I think that this is a very dangerous precedent," said Mendes. "It's one, however, that could be curtailed by Parliament itself, passing legislation to prevent future prime ministers from seeking prorogation … [to limit] what a future prime minister can do."
Mendes said he wasn't surprised by Jean's choice, considering Harper sent a strong message that he believed the proposed coalition government's plan to bring down the government was endangering democracy and national unity.
That rhetoric will exacerbate tensions across the country, especially in Quebec and in Western Canada, during the two-month period before Parliament resumes on Jan. 26, Mendes said.
Dennis Pilon, a political scientist from the University of Victoria, said in a letter to CBC that he is "deeply worried" about the country heading into a "potentially violent situation."
"I do not mean to be alarmist in suggesting we may be heading for violence. But the actions of this prime minister are coming dangerously close to inciting mob rule," writes Pilon.
He says Harper has ramped up the heat by insinuating his opponents are attacking Canada's democracy and risking national unity for their own gain.
Pilon says there's a reason elections are "highly regulated affairs" meant to capture what might get lost in the crowd — dissent, minority opinions and the balance of views.
All three opposition parties have said they intend to continue efforts to bring down the government when Parliament resumes.
The current political turmoil was triggered when Finance Minister Jim Flaherty delivered a mini-budget that included a number of controversial measures opposed by the New Democrats, Liberals and the Bloc.
The three parties said the fiscal update failed to include a stimulus package they said was necessary to address the financial crisis facing the country.
They also slammed what they saw as ideologically driven measures such as the proposed elimination of subsidies for political parties, a three-year ban on the right of civil servants to strike and limits on the ability of women to sue for pay equity.
Share Tools
Top News Headlines
- Whitney Houston's body headed home to New Jersey
- Whitney Houston's body was flown out of Los Angeles, and headed to New Jersey, where her family was making arrangements for a funeral at the end of the week. more »
- Mandatory gun sentence struck down by Ontario judge
- An Ontario Superior Court judge has struck down a mandatory minimum sentence for a first offence of possessing a loaded firearm. more »
- Online surveillance critics siding with child porn: Toews
- Critics of a bill that would give law enforcement new powers to access Canadians' electronic communications are aligning themselves with child pornographers, Canada's public safety minister says. more »
- Low vitamin D in womb tied to poor language skills
- Children born to women who had low levels of vitamin D during their pregnancy are more likely to have language problems, a new study suggests. more »
Latest Canada News Headlines
- 'Disgusting' court backlog may free hit and run accused
- The family of a young mother killed in a hit and run is outraged that the case against the alleged driver is among thousands in B.C. at risk of being thrown out because of a huge court backlog. more »
- HMCS Corner Brook collision damage extensive
- The damage done to HMCS Corner Brook when it hit the ocean floor off B.C.'s coast last summer was more extensive than first reported, CBC News has learned by obtaining exclusive pictures of the submarine. more »
- Canada's ailing submarines
- An interactive look at HMSC Corner Brook and the other three second-hand submarines that Canada purchased in 1998, which have all been something of a nightmare for the navy since Day 1. more »
- Man pleads guilty to murder of stepdaughter, 17
- The stepfather of a 17-year-old Calgary girl killed two years ago has pleaded guilty to first-degree murder, saying he strangled the teen while raping her. more »
On Tonight's National
Top stories
Shafia Jury Deliberations
- Dan Halton
- The jury in the Shafia murder trial begun deliberations today. Mohammad Shafia, his wife and his son are accused of killing four of their family members. They are charged with four counts of first-degree murder and have all pleaded not guilty to the charge.
Watch the Best of the Show
- Get Connected
- Syria cracks down on protesters, one day before an Arab League delegation arrives.
Stay Connected
- Carolyn Dunn
- An English soccer captain is facing racial abuse charges after an on-field exchange with another player.
The Current
- Panda Diplomacy Feb. 13, 2012 1:59 PM Zoos in Canada are getting ready to welcome two giant pandas despite concerns about whether this will actually generate revenue and awareness about conservation.
- 'Disgusting' court backlog may free hit and run accused
- Whitney Houston's body headed home to New Jersey
- HMCS Corner Brook collision damage extensive
- Adele wins best album, best record Grammys
- Whitney Houston autopsy results withheld
- U.S. bank reforms could hurt Canadians, Flaherty fears
- Father, son recall close call on ice road
- CBC digital music service launched
- Quebec town 'heartbroken' after killing of woman, sisters

