And this is why we need the Monarchist League of Canada.

by kadyomalley on Wednesday, December 3, 2008 1:12pm - 61 Comments

They may not have all the – or, actually, any – answers as far as what the Governor General should do, but at least they’re not hurling accusations of treason – not even at the Bloc!

From the ITQ inbox:

Subject: Statement To Members About Current Situation in Ottawa

STATEMENT TO MEMBERS
ABOUT THE CURRENT SITUATION IN OTTAWA
BY ROBERT FINCH
DOMINION CHAIRMAN, THE MONARCHIST LEAGUE OF CANADA

There is much speculation, a good deal of it ill-informed, about the possible involvement of the Crown should the Harper government be defeated in the House of Commons.

There are several points worth making, which you may feel free to pass on to your family, friends and colleagues as they discuss what is certainly a time of both economic difficulty and high political drama:

a) While we may be in difficult economic circumstances, Canada is not enmeshed in any “constitutional crisis.” The Governor General is, prudently, curtailing her foreign trip in order to be present should her involvement be necessitated. As might be expected, the Prime Minister and his colleagues are considering how they might retain office. Equally as is to be expected, the Opposition leaders are considering how the situation might work to their advantage; and they have made a declaration of their intention to work together in some form of coalition government should the situation arise where they might be called to do so. That is their right, although their agreement has no legal force or standing.

b) As Monarchists, we have no opinion as to which party or grouping of parties might best handle Canada’s economic affairs. As citizens, of course each of us does have such an opinion. But in commenting on or recommending a course of action to the Governor General, we have to be careful to divorce our partisan and economic views from our analysis of what role, if any, the Crown should play in the current and fast-evolving circumstances.

c) All the political players should bend over backwards to avoid putting the Crown in a position where it has to use its independent authority.

d) However, if this cannot be avoided, we should remember that the Crown is not a china doll, but a robust Canadian institution whose reserve powers are seldom used but which can be efficacious in unusual circumstances. The Canadian Monarchy will not be imperiled if indeed Her Excellency needs to act independently, although reasonable people (and probably, some unreasonable ones, too!) will inevitably disagree over those actions, just as economists and politicians disagree over the degree of seriousness of the economic conditions Canada faces and the measures that should be taken to address them.

e) The Crown’s role remains, as always, first, to ensure that the will of the electorate is carried out when its voice is clear, as it was, for instance after the last election when it was obvious Mr Harper would continue in office; second, to enable the national will to be expressed by means of an election whenever that seems the best course – as Her Excellency would not wish under most circumstances to substitute her judgement for that of the electorate; and third, to enable The Queen’s government, that is the day-to-day governance of Canada – especially in any time of crisis – to continue in the most uninterrupted way, the acid test for governance in Canada being the ability of a government to command the confidence of the House of Commons.

f) Should Mr Harper’s government be defeated, he has several options in his role as Prime Minister and therefore as Her Excellency’s sole Constitutional “Advisor” (though of course the Governor General has access to any Constitutional and legal scholars she may choose to consult). He might i) advise her to dissolve Parliament and cause an immediate election to be held; ii) advise her to summon one of his colleagues to form a government (eg, a Conservative more acceptable to the House) which course seems unlikely as the differences are apparently centred on policy issues or iii) he could choose to resign. If iii) eventuated (which could also happen if Her Excellency refused his request for a dissolution), he could give such advice as he pleased to the Governor General, but no longer would such advice have the same standing.

g) The GG has discretion to consider Mr Harper’s advice in light of both the current economic situation and the recently-held election. Amongst a plethora of possible scenarios, she could agree to an immediate dissolution; she could ask Mr Harper (or another member of the current government) to form another administration which might command the confidence of the House; or she could accept his resignation and then consider the offer which is on the table from a possible alternative government. In respect of the latter, Her Excellency could invite the putative coaltition to form a government, but – as Malcolm Fraser was told by the Governor General of Australia after the dismissal of the Whitlam government (1975) – in doing so she could say to Mr Dion that she would only give him a Commission on the basis that he would quickly pass a budget and other urgent financial measures through the House by a date certain and then immediately ask her for a dissolution so that the people
could
choose their government.

h) The League sees the above-described course as appealing, should these circumstances arise, as it would enable governance to continue amidst financial and political upheaval and to deal with it urgently, but would make clear that the ultimate and fairly immediate decision would be that of the electorate – so insulating the Governor General from the criticism that she had effectively installed a Liberal/NDP coalition for 2.5 yrs (reported to be the length of the agreement between the Liberal and NDP leaders) which might be problematic.

i) The judgment which Mme Jean would make in this instance would be between the supposed urgency of financial measures making their way through the House now with an election to be called in a few weeks or so, or the effect on the economy of a dissolution now which would leave Canada without a Parliament to act for another six weeks, although Mr Harper or whoever was Prime Minister would continue to govern in that time as would happen in any other election period.. It would be a difficult decision.

I hope this is helpful to you as you sort through the many complex issues which are before us, and which the above statement can only address in a brief and necessarily-incomplete way. We may all hope that the matter be resolved without the necessity of independent action being taken by the Crown – and that, as has often happened in the past, the mere existence of the Crown’s Reserve Powers will encourage our political leaders to arrange matters in the best interest of the country without regard to personal ambition and partisan consideration.

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  • Jack Mitchell

    That’s an interesting point, Cool Blue. The question then becomes: would Canadian voters forgive the Coalition for defeating Harper and not taking office — forcing the public through another campaign, I mean?

  • Cool Blue

    Jack,

    *****
    The House did endorse Harper, of course, by supporting his first Throne Speech — both recently and in 2006.
    *****

    You touch upon another important fact that nobody is speaking of.

    Harper recently passed a throne speech which the Libs voted in favour of. Therefore, Harper has proven he has the confidence of the house (though he may have lost it since then) and technically he still has it.

    What happened in the few days between the Libs voting confidence in Harper and then trying to push him out?

  • Jack Mitchell

    Cool Blue: “Harper has proven he has the confidence of the house (though he may have lost it since then) and technically he still has it.”

    Yes, this is an important point, I think, because (to my mind) it justifies the GG’s following his Advice about prorogation.

    “What happened in the few days between the Libs voting confidence in Harper and then trying to push him out?”

    A rhetorical question? :)

  • millhouse

    Hi Kady:

    I’m glad to see that you’re still harping on Harper and “accusations of treason” instead of asking Jack Layton and his putative government’s “wise man” Paul Martin why, exactly, they should be free of such accusations when they hurled them relentlessly at Harper and the Tories simply for voting with the BQ, rather than proposing to form a government that relies on them. Because Kady, I know we can both agree that in a situation like this the “journalistic watchdogs” whose rights you fight for shouldn’t be expected to ask questions about a putative government. And above all, no one in the Ottawa press gallery should be forced to recall the days when they uncritically wrote stories like the one below, and then ask questions about what it means about a putative Layton-Martin government:

    Canadian Press
    April 29 2005

    “The unofficial federal election campaign has turned downright racy with charges of political promiscuity and sleeping with the enemy. Prime Minister Paul Martin and NDP Leader Jack Layton used separate stops half-a-country apart yesterday to deliver a common message: the Conservatives are in bed with the separatists in a fickle attempt to bring down the minority Liberal government….. Layton kicked off the war of words in Halifax. He said Conservative Leader Stephen Harper will be “getting into bed” with Quebec separatists if he joins the Bloc Quebecois to force an election. Martin, who recently secured New Democrat support for his government through a deal that promises $4.6 billion in new social spending, jumped on the same theme in Thunder Bay. “The Bloc Quebecois in Quebec – the separatists – benefit from a premature election and it is beyond belief to me why Stephen Harper wants to play that game,” he told CBC-TV.”

  • Cool Blue

    Jack,
    *******************
    The question then becomes: would Canadian voters forgive the Coalition for defeating Harper and not taking office — forcing the public through another campaign, I mean?
    *********************

    I guess it comes down to what Canadians will find more unpalatable:

    1) PM Dion & Deputy PM Layton in a coalition agreement with the BQ

    or

    2) a January election

    Personally I think the coalition is going to really upset voters which is why the coalition calls for a 3 year term and not facing the public after 6 months as per tradition when an unelected PM takes over.

  • http://kitchenersown.blogspot.com/ Lord Kitchener’s Own

    The Whitlam comparison is largely specious.

    Whitlam’s Labour Party had a MAJORITY in the House of Commons (and the Opposition was STILL asked to take over, though only for a short custodianship). In the Whitlam case, the House SUPPORTED the government, and he had the confidence of the House, but his problem was that he didn’t have the support of the Senate, and the Senate refused to pass his supply bills (in other words, the Senate intended to cut off his supply of money). Whitlam had a 5 seat majority in the House of Commons.

    So, sure, when a Governor General dismisses a majoritygovernment that has the confidence of the House of Commons, then the GG probably has to put pretty strict limits on what the caretaker government that takes over is allowed to do, and how longthey can stay in charge (keep in mind that the caretaker government in this case was outnumbered in the House, and immediately defeated once the caretaker PM had instructed the Senate to pass the supply bill).

    To me, that precedent has basically nothing in common with a scenario in which a minority government has lost the confidence of the House of Commons.

  • Cool Blue

    Jack,
    **************
    Yes, this is an important point, I think, because (to my mind) it justifies the GG’s following his Advice about prorogation.
    *************

    Yes, he still technically has the confidence of the house meaning she’s supposed to accept his advice….

    Not only on prorogation but also on appointments…like senate appointments.

    ************
    A rhetorical question? :)
    ***********

    Well, it’s something that the GG will have to ask herself. And we should honestly be asking ourselves.

  • Ian

    Harper recently passed a throne speech which the Libs voted in favour of.

    Yes, but wasn’t there a Liberal amendment to the throne speech that said everyone was going to smile and hold hands and work together?

  • Jack Mitchell

    “Not only on prorogation but also on appointments…like senate appointments.”

    Yeah, seriously! Boy, he’d have to figure out what his Senate policy is pretty quickly.

    “Well, it’s something that the GG will have to ask herself. And we should honestly be asking ourselves.”

    I don’t get your drift. Clearly it was the FU and the attempt to withdraw public subsidy to political parties, no? The “FU” FU, effectively ending the New Era of Harmony and Happiness in the House (NEHHH).

    I don’t think the GG should take it into account, though. Either the Government has the confidence of the House or it doesn’t. For now, it technically does. But if they carry through in January, the cause of the loss of confidence is not the GG’s concern.

  • Cool Blue

    Jack,

    That’s just it, is it really the economic crisis causing this, is it the political subsidy issue (since retracted) or is it purely politically motivated?

    The GG isn’t really supposed to consider these things, but it can’t help but play on her mind.

    Should the GG only consider the stability of the government, or should she consider the stability of the nation as well?

    If the coalitoin goes through I expect a firestorm in the west. I wouldn’t be surprised if riots occured.

    I think under the present circumstances she should call an election. It may be against tradition but this is how our system evolves.

  • http://sovereigntyenanglais.blogspot.com Eric Grenier

    I’m confused. Stephen Harper says that the Liberals have given the separatists a veto, but Lawrence Cannon says that the Bloc Quebecois has given up their veto in their deal with the Liberals.

    Which is it?

    Oh, and as a separatist, let me just say one thing: Boo!

  • http://kitchenersown.blogspot.com/ Lord Kitchener’s Own

    Oh, and in Australia, after the Liberal Coalition was defeated in the House and an election held, the Coalition wiped the floor with the former government, winning 91 seats to 36 (it had been 66 to 61 in the other direction prior to the caretaker period).

    That said, a TOTALLY different scenario, I just bring up the Coalition winning the next election ’cause I find it humorous given our current situation.

  • http://www.pogge.ca skdadl

    I think that Jack Mitchell and LKO are right about the speciousness of the Whitlam reference. The GG has no such authority. She is able to ask the leader of the opposition whether he can form a government, but certainly not to define that government.

  • Jack Mitchell

    Cool Blue: “Should the GG only consider the stability of the government, or should she consider the stability of the nation as well?”

    I strongly feel that she should only consider what’s within her mandate to consider, which is the relationship between the Government and the House of Commons. Otherwise the role of GG will inevitably be politicised, which would make this current crisis look calm and rational.

    “If the coalition goes through I expect a firestorm in the west. I wouldn’t be surprised if riots occured.”

    C’mon, this is Canada! Wells’s 14th Rule states that there are no riots unless the Habs win or lose a playoff game.

    “I think under the present circumstances she should call an election. It may be against tradition but this is how our system evolves.”

    But our tradition is there for a reason, not just because it’s tradition. Especially in this new minority government era, we could be looking at a $30-million, 3-week election campaign every three months. That’s just not feasible. If the House can get it together, it’s not democratic to deny it the chance to act just because somebody — GG, PM, us — doesn’t like the current situation.

  • Jack Mitchell

    Cool Blue: “That’s just it, is it really the economic crisis causing this, is it the political subsidy issue (since retracted) or is it purely politically motivated?”

    I think the political subsidy issue provoked it, but the retraction didn’t do anything because the Coalition couldn’t claim the moral high ground on that basis. Now they’re stuck saying it’s the economic crisis. But it’s all political, as was Harper’s original attempt to withdraw the subsidy. None of these guys really cares what happens to the country, economically or in terms of national unity. They’re all busy proving that every day.

    We’re down the rabbit hole here, all bets are off, and I doubt there’s any going back. Maybe there is, though; depends on what happens in the next 7 weeks while they’re all prorogued.

  • Jack Mitchell

    Sorry, make that a $300-million dollar election campaign every 3 months.

  • Sunny12

    There could be a bigger riot if another election is called.

    The best scenario may be for the GG to prorogue, and for Harper to resign (or be forced to resign courtesy of his colleagues). With a new PM and a new agenda in place, it may be more difficult for the coalition to go through, and a new PM will also allow the other parties to get out of the coalition gracefully.

  • Wascally Wabbit

    Dear Cool Blue…

    Replies to just two points.

    1. Install the coaltion for a limited period. Might be acceptable to the coalition. First – it would give them time to elect a long term leader – rather than Stephane Dion – who has only committed until the May convention. Would also put another personality up against Harper. Might even permit the two parties in the coalition to talk about a full blown party merger. Certainly would allow them to catch up on the fundraising side (Mr. Harper has delivered a cuse that will permit them to raise millions to defeat him in an election.

    2. If the conservatives go into an election – they better hope to get a monumental election IF HARPER IS STILL THEIR LEADER – BECAUSE HE IS TOXIC – DEAD – UNTRUSTWORTHY FOR EVER! His life in politics is dead. If the conservatives dare not dump him – they are writing themsleves a ticket to oblivion!

    So – take your choice!!

  • Jack Mitchell

    I think you’re right, Sunny12. Lots of smoke filled rooms this holiday season, eh?

  • http://kitchenersown.blogspot.com/ Lord Kitchener’s Own

    The best scenario may be for the GG to prorogue, and for Harper to resign (or be forced to resign courtesy of his colleagues). With a new PM and a new agenda in place, it may be more difficult for the coalition to go through, and a new PM will also allow the other parties to get out of the coalition gracefully.

    I generally agree that if this were the way things played out it would probably be the best for all concerned, all things considered, but I’m also not confident that things would play out that way. If Parliament is prorogued, I think it’s essential that Harper, and perhaps Flaherty resign, but if there’s a prorogation, I’m not really confident that either of those things would happen. I think the Tories would use the time trying to convince the population that the Coalition partners had attempted something just short of assassination, and they have enough money to spin things enough to actually convince a fair number of people that it’s true. While ideally a prorogation would be time for everyone to cool down, I really think it would amount to a time for everyone to keep screaming, and things would just get worse.

    We’ll see.

  • Jack Mitchell

    Yeah, I think you’re right too, LKO, about what’s likely to happen. The Tories have so much money that they might just keep throwing infantry into the machine guns and call it a strategy.

    Somehow I feel like this was inevitable. Splintered vote, sense of grievance (esp. on the Tory side), and most of all the Bloc wildcard. We’re reaping the bitter fruits of the last decade.

  • http://www.pogge.ca skdadl

    It’s my understanding that prorogation would severely limit the government’s ability to spend anything not previously approved — ie, they could not respond for at least two months to any emergency.

    That sounds like a very bad plan to me.

  • Andrew (not Potter or Coyne)

    Cool Blue: it seems to me that the three opposition parties have more common ground than any of them have with the CPC. I don’t see why it really needs more justification than that.

  • Geiseric the Lame

    The GG has it in writing the prorogation will only forestall the inevitable. Its NOT her job to second guess on anyone else’s behalf. To do so would be patronizing.

    writ or no writ

  • Brent Fullard

    These comments from the Monarchist League are far from exhaustive, and avoid some of the more salient issues involved in these circumstances. For example, no comment about the unprecedented nature of calling for prorogation in the immediate aftermath of a Throne Speech. No comment on the fact that (as I have heard from Constitutional Scholars elsewhere) that it is incumbent on the GG and her first priority that a government be formed from the House, if such a government has a reasonable expectation of working, and working for a reasonable length of time.

    Meanwhile, nowhere before have I heard this motion that the GG would seek to dissolve any such alternative government as soon as possible immediately after the alternative government has passed a budget ( or words to that effect),

    All of which leads me to believe that this reading of the situation by the Monarchist League (whomever they might be) has a decidedly Harper bias to it?

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