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Backgrounder

10 Key Rules for Fair, Democratic Minority Government

  1. Until the Governor General has communicated directly with all the party leaders, the Governor General will not make a decision about which party or parties (through either a formal coalition or legislative agreement) will be given the opportunity to govern first (i.e. to appoint a Cabinet and introduce a Speech from the Throne in Parliament);
  2. The party that wins the most seats in the election will be given the first opportunity to govern, including in partnership or coalition with another party, unless the leaders of other parties representing a majority of members of the legislature indicate clearly to the Governor General that they will not support that party and that they have agreed to form a coalition government or have agreed on a common legislative agenda;
  3. Within 30 days after the Governor General decides which party or parties will be given the first opportunity to govern, the Governor General and the governing party/parties will open Parliament with a Speech from the Throne;
  4. Even if the leaders of parties that represent a majority of members of the House of Commons do not indicate lack of support for the party that wins the most seats before that party’s Speech from the Throne, if they subsequently indicate lack of support for the Speech, the Governor General will not allow the Prime Minister-designate to prorogue the legislature before the Speech from the Throne is voted on by members of the House of Commons;
  5. If a majority of members in the House of Commons vote against the Speech from the Throne, the Governor General, before agreeing to any request by the Prime Minister’s to call an election, will give the opposition parties an opportunity to govern if they present a written agreement to the Governor General for either a formal coalition or legislative agreement;
  6. After the vote on the Speech from the Throne, the only vote in House of Commons that shall be a vote of non-confidence is a vote on a motion that states: “The House of Commons does not have confidence in the government.”
  7. If opposition parties introduce a motion of non-confidence in the governing party at any time after election day, the Governor General will not allow the Prime Minister to prorogue the legislature before the motion is voted on by the House of Commons;
  8. If a majority in the House of Commons votes to approve a motion of non-confidence in the governing party before the next fixed-election date, the Governor General will, before agreeing to any request by the Prime Minister that the Governor General call an election, give the opposition parties an opportunity to govern if they present a written agreement to the Governor General for either a formal coalition or legislative agreement;
  9. As Britain’s fixed election date law set out, if a majority in the House of Commons votes to rescind the vote of non-confidence within two weeks after the vote passed, then an early election will not occur, but if the vote is not rescinded then the Prime Minister is required to request the Governor General to call an election, and;
  10. As Britain’s fixed election date law set out, the Prime Minister is prohibited from calling an early snap election before the fixed election date unless a majority in the House of Commons have approved a voted of non-confidence and the vote has not been rescinded by a majority.

Final choice of Governor General should have been by all federal party leaders or, even better all party leaders across Canada

GG is a key guardian of Canada’s democracy – must be fully independent and impartial, should not have been handpicked by PM through biased process

FOR IMMEDIATE RELEASE:
Tuesday, July 6, 2021

OTTAWA – Today, as part of its Democratic Head Campaign which is supported by thousands of Canadians, Democracy Watch criticized Prime Minister Trudeau’s failure to send the shortlist of candidates for next Governor General (GG) to at least federal opposition party leaders or, even better, party leaders in all legislatures across Canada (given the GG appoints lieutenant governors), to ensure a fair choice for GG.

A survey of 1,601 Canadians in February 2021 found that 91% of people surveyed, of all types and from all political parties, support changing from the current system where the Prime Minister alone chooses the Governor General to having a committee of MPs choose the Governor General.

While the choice of Mary Simon may be good (although she is not fluent in French), like all the other Officers of Parliament, the Governor General (GG) must be independent of the PM because s/he makes many key decisions about the operations of Parliament and the government, and so the PM should not be choosing the GG alone because it taints the position with partisanship.

PM Trudeau rigged the selection of the Governor General (even more than Prime Minister Harper did) by setting up a façade of an Advisory Panel, co-chaired by his friend and Cabinet appointee Dominic LeBlanc, with every other member of the Panel also appointed by Trudeau. The Panel vetted a short list of candidates, and LeBlanc very likely ensuring that the candidate that Trudeau favoured was on the short list.

Instead, to democratize the selection of the GG, and every other federal good government watchdog, Trudeau should have used a fully independent committee (with members approved by all federal party leaders) to conduct a public, merit-based search for a shortlist of qualified candidates. Then, all federal party leaders should have reviewed the short list and approve the choice of GG.

Even better, given that the GG appoints the Lieutenant Governor of each province, Prime Minister Trudeau should have sent the shortlist of nominees to the party leaders of each legislature and have them rank the nominees. The GG would be the person who receives the most votes from this ranked ballot vote.

Prime Minister Trudeau also failed to take a step to Canadianize the selection of the Governor General by not requesting that Queen Elizabeth approve of the person chosen through the process. The Queen does have to approve the person formally, but if the PM had not requested the approval, and the Queen agreed to his nominee, then a new constitutional convention would have been established that Canada chooses its own Head of State. This would be a significant step toward full independence by Canada.

Both of these changes to the Governor General’s appointment process could have been made by the PM alone – no changes to any law, or Canada’s Constitution, were needed.

“Given how important it is for the Governor General to be independent of the Prime Minister and impartial, especially in a minority government situation, Prime Minister Trudeau should have involved opposition parties in choosing the Governor General,” said Duff Conacher, Co-founder of Democracy Watch and Ph.D. student at the University of Ottawa’s Faculty of Law, It would be even better to involve party leaders from across Canada given that the GG appoints the provincial lieutenant governors.

“Prime Minister Trudeau should have also told the Queen who Canada has chosen as Governor General, and not asked her approval, and if she had accepted that as the new protocol it would be clear that Canada chooses its own head of state,” said Conacher.

As well, Democracy Watch called on federal party leaders in the House of Commons to agree on public, written rules for a minority government, as more than 80% of Canadians want. In England, Australia and New Zealand, political party leaders and MPs agreed years ago to clear, public rules so what happens to call an election, and after and in-between elections, is fair for all the parties, and for voters. Most countries in the world also have clear, public rules.

“Nobody knows for sure what an unwritten rule says, and that’s why Britain, Australia, New Zealand and most other countries have written down their key constitutional rules,” said Conacher. “It’s clearly in the public interest that Canada’s rules be written down to stop abuses of power by the PM and Cabinet, including calling a snap election, that violate the rights of Parliament and the democratic will of the majority of voters.”

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Democratic Head Campaign and Stop PM/Premier Abuses Campaign