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Here, reproduced under the Fair Dealing provisions (§29) of the Copyright Act from today’s Ottawa Citizen, is an interview with Peter Russell, author of several books on constitutional/legal and property rights issues and professor emeritus at the University of Toronto, that is critical of Prime Minister Harper’s decision to prorogue parliament but also offers some thoughts on the office of the governor general:
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http://www.ottawacitizen.com/Business/cheers+jeer/1165882/story.html
Two cheers and a jeer
Constitutional expert Peter Russell weighs in on the pros of minority government and the cons of parliamentary crisis. 'People might have other adjectives; I'll stick with dishonourable,' he says of Prime Minister Stephen Harper's decision to prorogue the House
BY ANDREW POTTER, THE OTTAWA CITIZEN
JANUARY 11, 2009
One of Canada's foremost experts on the Constitution, political scientist Peter H. Russell has written a new book that looks at minority rule in Canada and contrasts it with the much different European experience. Two Cheers for Minority Government is a prescient look at the evolution of Canadian democracy and an indispensible guide to the shenanigans that have occupied Parliament during the past five months. Citizen editor Andrew Potter spoke with Prof. Russell to get his take on where things are going.
AP: The core message of your book is that minority government promotes a "parliamentary" form of government, and therefore enables a form of deliberative democracy. What do you mean by parliamentary government and deliberative democracy? What are you comparing or contrasting that with?
PR: I'm contrasting it with "prime ministerial" government. Prime ministerial government is when the major policies -- indeed, almost all policies -- are made and shaped in the Prime Minister's Office by the prime minister and the prime minister's political staff, not by the cabinet.
They're kind of reviewed by cabinet, but at the end of the day, the government decides what the policy is, and announces it.
So Parliament's role is reduced to the classic role of criticism and providing an option for the electorate the next time there's an election. In between elections, the country is governed by a very small number of people, most of whom are unelected. That is the prime minister's staff -- the prime minister is elected.
I don't have a lot of respect for that, for a lot of reasons.
Parliamentary government is when the government has to defend its policies, one by one, every one of them, in Parliament, and it's never a slam dunk. Parliamentary committees have a much more independent function to consider policy and not simply follow the government line. It isn't a bed of roses. I'm not suggesting all MPs hug each other and love each other and partisanship goes down the toilet -- that's ridiculous.
AP: You suggest minority rule is not inherently unstable, that one of the things that makes it unstable in the Canadian situation is the sense by all the parties that it's somehow a deviation from the norm of majority government.
PR: It's a cultural change we need. It's just an ingrained expectation of party members -- they expect their leader to deliver a majority. Even Mr. Harper. He's been pretty successful, but he hasn't brought home the gold medal -- a majority government.
AP: One of the most obvious points about this book is its prescience. It must have felt a bit surreal, watching what was going on this fall.
PR: Yes, quite honestly, because as the book title implies, minority government, while it's worth two cheers, also falls a little short of three cheers, because of the turbulence that comes with it.
AP: You write with some confidence and satisfaction about the arrival of fixed election dates and how that heralds the change in the culture we need, that now there's a commitment to all the parties concerned to letting Parliament run. So do you see the fact that he dropped the writ and was granted an election as a missed opportunity?
PR: Very much so. The opposition didn't make enough of it. I think there should have been a little more attention to what was said about Bill C60 when it was in Parliament, particularly before committee in December 2006 -- it was passed in May 2007 -- but if you look at the debate, the government made very strong commitments, supported by all the parties that Oct. 19, 2009 would be the next election.
Justice Minister Rob Nicholson was asked, "What if the prime minister asks for a dissolution when his government had not been defeated?" And Mr. Nicholson said, "Well clearly, the Governor General would have to give it very careful consideration."
And she may well have done so. We don't know -- we don't know what they talked about.
AP: Some pundits have argued the Governor General could have refused Mr. Harper the dissolution and she could have refused him the prorogation.
PR: Technically, I think she could have done that, but the political consequences of doing that might have been so severe she'd back away. Now people would say she's a gutless lady. I wouldn't buy into that. This part of our Constitution is governed by political conventions, rather than written-down, legal rules. The Constitution is subject to prudential political thinking -- you've got to think of the consequences of what you're doing when you exercise these conventional powers.
AP: On that note, you punctuate your discussion of the infamous King-Byng affair by saying the chief lesson is that the smooth functioning of parliamentary government requires all the parties involved to behave honourably.
PR: Yes, and I know that's motherhood, but I consider Mr. Harper's request "dishonourable." I made that submission to the Federal Court as part of Democracy Watch's legal action for judicial review. Yes, it was dishonourable, it violated a pretty serious commitment that he -- and not just himself and his government, but all the parties -- entered into. And I consider that dishonourable.
AP: Was Mr. Harper putting the Governor General in an untenable position?
PR: Oh, for sure. I mean, it's always very, very tough when a prime minister does a dishonourable thing. I consider it dishonourable to promise a confidence vote and then, a few days later, make it impossible by asking for a prorogation of Parliament. People might have other adjectives; I'll stick with dishonourable.
In a democratic culture, it's so tough for the Crown to step in and stand up for a democratic principle, particularly when you have a government with huge machinery of propaganda, which it's shown every inclination to use, and would use, both on the office of the governor general and probably on her personally. These people take no prisoners!
AP: The prorogation was clearly designed to avoid the fall of the government and the setting up of the purported coalition.
There was considerable debate afterward about the constitutionality of the coalition, with Harper saying this was an unconstitutional attempt to overturn the results of the election. What's your take on that? Would the coalition have been a legal, constitutional entity had it come to pass?
PR: Oh my goodness, yes. Oh my goodness, yes. On that, there can be no doubt. People may not like coalitions, and they may punish parties that have entered into them, but that's fair enough; that's political judgment voters have every right to make.
But the parties in Parliament have every right to get together in pretty well any way they wish; to coalesce together to accomplish their purposes. There's nothing illegal about coalition; otherwise, about half of the governments in the parliamentary world would be illegal. I mean, the constitutions of parliamentary countries, they don't have clauses about what parties in parliament, how they can work together or not work together; they can work together in a whole myriad of ways.
AP: Do you have any sense of what's going to happen when Parliament resumes?
PR: If I was a betting person, I would bet that the Liberals at least -- I don't know about the NDP and the Bloc -- but at least the Liberals will find the budget sufficiently satisfactory on priming the pump, on stimulating the economy, to vote for it and therefore not force an election and give the new Liberal leader time to build his strength and probably have what they hope is a big, successful political convention and all that.
AP: If we are looking at minorities for the foreseeable future, do you think we should be looking at changing the electoral system, to some form of proportional representation?
PR: There's a more immediate change that, I think, what we've been through in the past few weeks points to even more: We've got to do more to kind of regularize the governor general's office. One suggestion: Her office should have something like the European constitutional monarchies have -- an informateur, an official sort of prober of the parliamentary scene who can interview party leaders and is known to the media, is known to the public as a respected person -- so it's not all whispers and hush hush -- to advise the governor general on the political situation in Parliament, in order to make good decisions.
It's sometimes a former Speaker; in Sweden, it actually is the Speaker, but the Speaker there has a bigger role. All the countries have to make their own design according to their own history and institutions, but we need something like that because the governor general's office is going to be very much a target now of political speculation and pressure. I think it needs to be strengthened to deal with those situations.
AP: If you could wave a magical wand, is there one institutional change you could make to improve our parliamentary system?
PR: I'm a big supporter of electoral reform, but, my God, I'm also a realist, political scientist. If you bet me on any electoral reform, and you want to bet in favour, I'd give you 1,000 to one and I think I'd be safe for the next five to 10 years. So if you're counting on something that ain't going to happen, then you're not being realistic.
Two Cheers For Minority Government: The Evolution of Canadian Parliamentary Democracy is published by Emond Montgomery Publications Ltd., Toronto 2008.
© Copyright (c) The Ottawa Citizen
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I agree, very broadly but not too deeply, with most of what Prof. Russell says, but: I don’t like the word ”dishonourable” to discuss PM Harper’s actions re: the prorogation . They were perfectly legal and constitutional – he had just won a confidence vote a few days before, when the Throne Speech – his government’s programme, in broad outline – was passed. His actions were devious, perhaps, but not dishonourable. He ‘used’ the Constitution and the Governor General for partisan, political ends – but the Constitution is all about politics and so are the GG’s “reserve powers.”
Prof. Russell’s explanation of constitutional convention and ”prudential political thinking” may help those who still wonder what went on.
I favour some way of ‘formalizing’ the method of appointing the governor general.
As a start, of course, I favour ditching the next ‘foreign’ monarch* and establishing a Canadian ’regency’. Then we need some way to ‘select’ the regent – better, I suggest, than a coffee clache in the PMO. Maybe a (reformed) Senate could be charged to form a ‘nominating committee’ every sever years, or so, to recommend one name (take it or leave it) to the PM.
--------------------
* By, simply, failing to “proclaim” the successor. When, as sadly, she must, our most gracious sovereign lady Elizabeth, the second of that name, dies, some functionary (whoever ‘keeps’ (has custody of) the Great Seal of Canada (the Minister of Industry? His/her deputy? The Registrar General?)) must “proclaim” that fact. In Britain the Earl Marshal (Duke of Norfolk) will say something like, “The Queen is dead! God save the King!” and, presto!, just like that, Britain will have a new king. Our functionary could just say, “The Queen is dead!” and go about his/her business. We would, ipso facto have a ‘vacant’ throne. Nothing else would change; we would still be a constitutional monarchy – we would just not have a current monarch of our own. This situation – not uncommon in British history – is called a regency. Someone, called a Regent, is appointed to act for the missing sovereign – just as the GG does, day-in and day-out, today.
It would be nice, of course, if we didn’t just spring this on Prince Charles. A parliamentary resolution – like the Nickel Resolution of 1919 that Jean Chrétien used to stymie Conrad Black’s attempt to be both a British lord and a Canadian citizen – that says that, for good ‘rights’ reasons (we don’t and shouldn’t like the anti-Catholic bias in the Settlement Act of 1704) we cannot agree the existing terms of succession and will decide our own in our own good time will ‘advise’ Her Majesty and Prince Charles that, on that sad future day, he will not succeed to the (independent) Throne of Canada.
--------------------
http://www.ottawacitizen.com/Business/cheers+jeer/1165882/story.html
Two cheers and a jeer
Constitutional expert Peter Russell weighs in on the pros of minority government and the cons of parliamentary crisis. 'People might have other adjectives; I'll stick with dishonourable,' he says of Prime Minister Stephen Harper's decision to prorogue the House
BY ANDREW POTTER, THE OTTAWA CITIZEN
JANUARY 11, 2009
One of Canada's foremost experts on the Constitution, political scientist Peter H. Russell has written a new book that looks at minority rule in Canada and contrasts it with the much different European experience. Two Cheers for Minority Government is a prescient look at the evolution of Canadian democracy and an indispensible guide to the shenanigans that have occupied Parliament during the past five months. Citizen editor Andrew Potter spoke with Prof. Russell to get his take on where things are going.
AP: The core message of your book is that minority government promotes a "parliamentary" form of government, and therefore enables a form of deliberative democracy. What do you mean by parliamentary government and deliberative democracy? What are you comparing or contrasting that with?
PR: I'm contrasting it with "prime ministerial" government. Prime ministerial government is when the major policies -- indeed, almost all policies -- are made and shaped in the Prime Minister's Office by the prime minister and the prime minister's political staff, not by the cabinet.
They're kind of reviewed by cabinet, but at the end of the day, the government decides what the policy is, and announces it.
So Parliament's role is reduced to the classic role of criticism and providing an option for the electorate the next time there's an election. In between elections, the country is governed by a very small number of people, most of whom are unelected. That is the prime minister's staff -- the prime minister is elected.
I don't have a lot of respect for that, for a lot of reasons.
Parliamentary government is when the government has to defend its policies, one by one, every one of them, in Parliament, and it's never a slam dunk. Parliamentary committees have a much more independent function to consider policy and not simply follow the government line. It isn't a bed of roses. I'm not suggesting all MPs hug each other and love each other and partisanship goes down the toilet -- that's ridiculous.
AP: You suggest minority rule is not inherently unstable, that one of the things that makes it unstable in the Canadian situation is the sense by all the parties that it's somehow a deviation from the norm of majority government.
PR: It's a cultural change we need. It's just an ingrained expectation of party members -- they expect their leader to deliver a majority. Even Mr. Harper. He's been pretty successful, but he hasn't brought home the gold medal -- a majority government.
AP: One of the most obvious points about this book is its prescience. It must have felt a bit surreal, watching what was going on this fall.
PR: Yes, quite honestly, because as the book title implies, minority government, while it's worth two cheers, also falls a little short of three cheers, because of the turbulence that comes with it.
AP: You write with some confidence and satisfaction about the arrival of fixed election dates and how that heralds the change in the culture we need, that now there's a commitment to all the parties concerned to letting Parliament run. So do you see the fact that he dropped the writ and was granted an election as a missed opportunity?
PR: Very much so. The opposition didn't make enough of it. I think there should have been a little more attention to what was said about Bill C60 when it was in Parliament, particularly before committee in December 2006 -- it was passed in May 2007 -- but if you look at the debate, the government made very strong commitments, supported by all the parties that Oct. 19, 2009 would be the next election.
Justice Minister Rob Nicholson was asked, "What if the prime minister asks for a dissolution when his government had not been defeated?" And Mr. Nicholson said, "Well clearly, the Governor General would have to give it very careful consideration."
And she may well have done so. We don't know -- we don't know what they talked about.
AP: Some pundits have argued the Governor General could have refused Mr. Harper the dissolution and she could have refused him the prorogation.
PR: Technically, I think she could have done that, but the political consequences of doing that might have been so severe she'd back away. Now people would say she's a gutless lady. I wouldn't buy into that. This part of our Constitution is governed by political conventions, rather than written-down, legal rules. The Constitution is subject to prudential political thinking -- you've got to think of the consequences of what you're doing when you exercise these conventional powers.
AP: On that note, you punctuate your discussion of the infamous King-Byng affair by saying the chief lesson is that the smooth functioning of parliamentary government requires all the parties involved to behave honourably.
PR: Yes, and I know that's motherhood, but I consider Mr. Harper's request "dishonourable." I made that submission to the Federal Court as part of Democracy Watch's legal action for judicial review. Yes, it was dishonourable, it violated a pretty serious commitment that he -- and not just himself and his government, but all the parties -- entered into. And I consider that dishonourable.
AP: Was Mr. Harper putting the Governor General in an untenable position?
PR: Oh, for sure. I mean, it's always very, very tough when a prime minister does a dishonourable thing. I consider it dishonourable to promise a confidence vote and then, a few days later, make it impossible by asking for a prorogation of Parliament. People might have other adjectives; I'll stick with dishonourable.
In a democratic culture, it's so tough for the Crown to step in and stand up for a democratic principle, particularly when you have a government with huge machinery of propaganda, which it's shown every inclination to use, and would use, both on the office of the governor general and probably on her personally. These people take no prisoners!
AP: The prorogation was clearly designed to avoid the fall of the government and the setting up of the purported coalition.
There was considerable debate afterward about the constitutionality of the coalition, with Harper saying this was an unconstitutional attempt to overturn the results of the election. What's your take on that? Would the coalition have been a legal, constitutional entity had it come to pass?
PR: Oh my goodness, yes. Oh my goodness, yes. On that, there can be no doubt. People may not like coalitions, and they may punish parties that have entered into them, but that's fair enough; that's political judgment voters have every right to make.
But the parties in Parliament have every right to get together in pretty well any way they wish; to coalesce together to accomplish their purposes. There's nothing illegal about coalition; otherwise, about half of the governments in the parliamentary world would be illegal. I mean, the constitutions of parliamentary countries, they don't have clauses about what parties in parliament, how they can work together or not work together; they can work together in a whole myriad of ways.
AP: Do you have any sense of what's going to happen when Parliament resumes?
PR: If I was a betting person, I would bet that the Liberals at least -- I don't know about the NDP and the Bloc -- but at least the Liberals will find the budget sufficiently satisfactory on priming the pump, on stimulating the economy, to vote for it and therefore not force an election and give the new Liberal leader time to build his strength and probably have what they hope is a big, successful political convention and all that.
AP: If we are looking at minorities for the foreseeable future, do you think we should be looking at changing the electoral system, to some form of proportional representation?
PR: There's a more immediate change that, I think, what we've been through in the past few weeks points to even more: We've got to do more to kind of regularize the governor general's office. One suggestion: Her office should have something like the European constitutional monarchies have -- an informateur, an official sort of prober of the parliamentary scene who can interview party leaders and is known to the media, is known to the public as a respected person -- so it's not all whispers and hush hush -- to advise the governor general on the political situation in Parliament, in order to make good decisions.
It's sometimes a former Speaker; in Sweden, it actually is the Speaker, but the Speaker there has a bigger role. All the countries have to make their own design according to their own history and institutions, but we need something like that because the governor general's office is going to be very much a target now of political speculation and pressure. I think it needs to be strengthened to deal with those situations.
AP: If you could wave a magical wand, is there one institutional change you could make to improve our parliamentary system?
PR: I'm a big supporter of electoral reform, but, my God, I'm also a realist, political scientist. If you bet me on any electoral reform, and you want to bet in favour, I'd give you 1,000 to one and I think I'd be safe for the next five to 10 years. So if you're counting on something that ain't going to happen, then you're not being realistic.
Two Cheers For Minority Government: The Evolution of Canadian Parliamentary Democracy is published by Emond Montgomery Publications Ltd., Toronto 2008.
© Copyright (c) The Ottawa Citizen
--------------------
I agree, very broadly but not too deeply, with most of what Prof. Russell says, but: I don’t like the word ”dishonourable” to discuss PM Harper’s actions re: the prorogation . They were perfectly legal and constitutional – he had just won a confidence vote a few days before, when the Throne Speech – his government’s programme, in broad outline – was passed. His actions were devious, perhaps, but not dishonourable. He ‘used’ the Constitution and the Governor General for partisan, political ends – but the Constitution is all about politics and so are the GG’s “reserve powers.”
Prof. Russell’s explanation of constitutional convention and ”prudential political thinking” may help those who still wonder what went on.
I favour some way of ‘formalizing’ the method of appointing the governor general.
As a start, of course, I favour ditching the next ‘foreign’ monarch* and establishing a Canadian ’regency’. Then we need some way to ‘select’ the regent – better, I suggest, than a coffee clache in the PMO. Maybe a (reformed) Senate could be charged to form a ‘nominating committee’ every sever years, or so, to recommend one name (take it or leave it) to the PM.
--------------------
* By, simply, failing to “proclaim” the successor. When, as sadly, she must, our most gracious sovereign lady Elizabeth, the second of that name, dies, some functionary (whoever ‘keeps’ (has custody of) the Great Seal of Canada (the Minister of Industry? His/her deputy? The Registrar General?)) must “proclaim” that fact. In Britain the Earl Marshal (Duke of Norfolk) will say something like, “The Queen is dead! God save the King!” and, presto!, just like that, Britain will have a new king. Our functionary could just say, “The Queen is dead!” and go about his/her business. We would, ipso facto have a ‘vacant’ throne. Nothing else would change; we would still be a constitutional monarchy – we would just not have a current monarch of our own. This situation – not uncommon in British history – is called a regency. Someone, called a Regent, is appointed to act for the missing sovereign – just as the GG does, day-in and day-out, today.
It would be nice, of course, if we didn’t just spring this on Prince Charles. A parliamentary resolution – like the Nickel Resolution of 1919 that Jean Chrétien used to stymie Conrad Black’s attempt to be both a British lord and a Canadian citizen – that says that, for good ‘rights’ reasons (we don’t and shouldn’t like the anti-Catholic bias in the Settlement Act of 1704) we cannot agree the existing terms of succession and will decide our own in our own good time will ‘advise’ Her Majesty and Prince Charles that, on that sad future day, he will not succeed to the (independent) Throne of Canada.