Peace,
Order & Good Government is the title a blog about
exactly that, a recent post contained links to some opinion and
reports from some individuals well versed in constitutional matters.
If you think that this election is going to either make such matters
irrelevant or resolve them you are dreaming in technicolor. We will
in fact in all probability simply move from one constitutional crisis
to the next simply because our politicians either cannot, or will
not, work together for the good of all Canadians.
I will let POGGE
take it from here, extracts from the articles
mentioned follow:-
One approach to
fighting fiction with facts by Helen Forsey has been to compile and
share a list of myths
and misrepresentations. These include the idea that
coalitions are evil and illegitimate, that Canadians elect the prime
minister and a government, that defeating a government on a
confidence motion forces a fresh election. The most dangerous
fiction is the idea that if the opposition accepts the Governor
General's invitation to replace a government that has lost the
confidence of the House, this would amount to an "illegitimate
seizure of power."
Recently, Professor Emeritus Peter Russell
organized a non-partisan workshop for leading Canadian academics and
political thinkers to begin a process to create a how-to manual for
the country if the next election produces an unclear result. The
full
report deserves to be read in its entirety. In the
meantime, here are 5 key principles to remember when the going gets
tough. My thanks to Peter Russell for sharing these and encouraging
their dissemination.
1. Parliament is the core institution of Canadian
democracy. The House of Commons, its elected chamber, is the one
body elected by all Canadians.
2. When Canadians go to the polls they elect the
House of Commons not a government. The right to govern goes to the
members of the house who can secure its confidence.
3. The prime minister is the servant of the
House of Commons and must be accountable to it all times.
4. When no party has a majority in the House of
Commons, it is for the House to decide what kind of government it
will support. In these situations, the House basically has three
choices: 1) a coalition government of two or more parties who share
cabinet posts; 2) a minority government in an alliance with two or
more parties who agree to support it on the basis of agreed upon
policies but who do not share cabinet posts; 3) a minority
government that works out agreements with opposition parties issue
by issue.
5. The Governor General's role is to exercise the
crown's discretionary reserve powers only when necessary to permit
the proper functioning of parliamentary democracy.
Writer and
activist Helen Forsey, daughter of the late Senator and
constitutional expert Eugene Forsey, has
this to say:-
This election really is about our democracy.
Canadians have a right to expect fairness, honesty and respect from
our system of government. Instead, the Harper regime has given us
five years of injustice, corruption and contempt.
Harper uses a stack of fairy tales about our
parliamentary system to trick people into thinking they have to vote
Conservative in order to avoid disaster. In reality, his threats
about the opposition “seizing power” or forcing a fresh
election are shameless scare tactics based on lies.
Lie #1: Coalitions are evil and illegitimate.
•Not true. Coalitions are totally constitutional, and can
be the most sensible way to govern co-operatively and respect the
will of a majority of voters.
Lie #2: Canadians
elect the prime minister.
•Not true. We elect some 300 Members of Parliament to the House
of Commons.
Lie #3: The party
that wins the most seats necessarily forms the government.
•Not true. The governing party must win – and keep –
the confidence of our elected MPs through confidence votes in the
House.
Lie #4: Defeating a
government on a confidence motion forces a fresh election.
•Not necessarily. If a recently elected House votes to defeat a
government, the Governor General calls on the leader of the
opposition to form a government and seek the confidence of the
House.
Lie #5: It is an
illegitimate “seizure of power” if the opposition
accepts the Governor General’s invitation to replace a
government that has lost the confidence of the House.
•Not true. In fact, the opposition has what amounts to a
constitutional duty to try to form a viable government with the
recently elected Parliament, with no need for a repeat election.
For more information, see How Canadians Govern
Themselves at www.parl.gc.ca/publications.
The David Asper
Centre for Constitutional Rights, a centre within the University of
Toronto, Faculty of
Law hosted a panel discussion of leading constitutional scholars
following the
prorogation of Parliament in 2008 and after
further discussions recently produced a report entitled “Adjusting
to a New Era of Parliamentary Government”
They say:-
“While the
constitutional conventions discussed in this report may seem
somewhat
removed from the
concept of rights, they are essential to the realization of
democratic
rights in
Canada. Without transparent and accountable systems of government,
citizens’
democratic
rights to participate in those systems are undermined and may be
rendered
meaningless.
This report is a solid step along the path to a greater
understanding of our
uniquely Canadian
version of Westminster democracy.”
After reading this
important and long overdue examination of this subject I found this
bit to be the most telling:-
“One of the
areas where adjustment is needed is the lack of clarity and
agreement
around important
unwritten conventions of our parliamentary system of government.
Constitutional
conventions are at the heart of our system of responsible
government. To
be effective they need
to be agreed upon by the political leaders of the day. Political
debate about
these unwritten principles and practices of our constitution has the
potential
to plunge the
country into a serious constitutional crisis.”
In their
recommendations they say:-
“There would be
much less risk of a parliamentary crisis following an election in
which the result is
not clear if there were an authoritative set of guidelines such as
New
Zealand and the United
Kingdom now have in their Cabinet Manuals. “
That says it all,
reading of their discussions it is clear that whist the
'conventions' may be fairly clear to most of us there are not (for
the most part) 'rules' set down and thus, as we have seen with
recent governments, there is much room for abuse. We cannot let
successive governments interpret those 'conventions' to suit their
political agenda, we must seek consensus on setting some 'rules'
(good luck with that!). There is much more in this report and it is,
as they say, a good first step. I seriously doubt however that
anything meaningfully will come of it no matter who gets the most
seats on May 1st. The points raised about what to do
with a 'hung parliament', confidence votes, and who is able to
govern 'with the support of the House' may well be front and center
once again however with another minority government elected as
seems highly probable.
The full
report deserves to be read in its entirety. (235k
PDF)
There's also an excellent article by Lawrence
Martin on iPolitics.ca about Harper's methods, and how
they've "brought Canadian democracy to new lows."
Here's a bullet list of Harper's actions Martin discusses in the article courtesy of Catch 22TREATMENT OF PARLIAMENTARY PROCESS
Prorogations of Parliament
Contempt of Parliament
Scorn for parliamentary committees
Challenging constitutional precepts
Lapdogs as watchdogs
The Patronage Machine
Abuse of Process
INFORMATION CONTROL
The vetting system
Public service brought to heel
Access to information
Supression of research
Document tampering
Media curbs
INTIMIDATION OF OPPONENTS
Afghan detainees
My way or the highway
Personal attack ads
A democratic party?
Legal Threats
A BIG tip o the hat to POGGE for this one, and a honorable mention to Catch22.