Governor General Prorogation Crisis

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In December of 2008, the Canadian government underwent what is now called the Prorogation Crisis. On the 27th of November, shortly after the election of the Harper government, the Minister of Finance released the Economic Statement. The statement was a controversial document that was not supported by many MPs. Faced with an imminent vote of no-confidence, the newly elected Harper government asked the Governor General to prorogue parliament. The Governor General acceded to Harper’s request and Parliament was prorogued until January 26th, 2009 (MacDonald & Bowden 10-11). The controversy surrounding the crisis raised questions about the reserve powers and the constitutional role of the Governor General. There is much debate about whether or not …show more content…

Additionally, it has been suggested that prorogation no longer falls under the discretion of the Governor General and is instead controlled by the executive of the state, hence the Governor General could not have refused Harper’s advice to prorogue Parliament. As well as this, the Governor General made the strongest decision possible in allowing the prorogation as it left the greatest number of options available to Parliament in accordance with the principle of apolitical decision rule. Furthermore, the Governor General’s decision was the right one due to the fragility and instability of the Coalition as an alternative government. Finally, whilst critics claim that by allowing the prorogation, the Governor General set up a precedent for governments who want to avoid accountability, the Harper government still underwent a confidence vote at the end of the prorogation and thus did not entirely avoid …show more content…

It rests on the assumption that the executive of the state must always be accountable to the elected members of the House who are the people’s representatives (Wheeldon 105). To have responsible government, the Prime Minister and Cabinet must maintain the confidence of the House. The first thing that must be distinguished is the difference between an imminent and a formal loss of confidence. A formal loss of confidence occurs when a majority of the Members of Parliament in the House of Commons vote against the Speech from the Throne, the Budget or other confidence matters or when they carry out a motion of non-confidence as the Opposition was threatening to do prior to the Prorogation Crisis (MacDonald & Bowden 8). Once a government is defeated by a formal vote of non-confidence, the Prime Minister can no longer request a prorogation (MacDonald & Bowden 8). However, in the case of Harper’s government, the formal vote of non-confidence had not occurred and the government still maintained the House’s confidence when Harper asked the Governor General to prorogue Parliament. Thus if the Prime Minister has the confidence of the House, the Governor General, by convention, should accept and follow the advice of the Prime Minister. This maintains responsible government because the Prime Minister is an elected official whilst the Governor General is appointed and thus does not represent the people (Hogg

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