http://www.nationalpost.com/news/story.html?id=301407
Harper ready to ask GG to pull plug
If Senate stalls crime bill past March 1, spokesman says Prime Minister would ask Michaelle Jean to dissolve Parliament
Andrew Mayeda, Canwest News Service Published: Monday, February 11, 2008
NP Network Blogs
Stephen Harper stands to speak during Question Period in the House of Commons on Parliament Hill in Ottawa, Liberal Leader Stephane Dion in the background.Chris Wattie/ReutersStephen Harper stands to speak during Question Period in the House of Commons on Parliament Hill in Ottawa, Liberal Leader Stephane Dion in the background.
OTTAWA -- Prime Minister Stephen Harper is prepared to ask the Governor General to pull the plug on the minority Parliament and trigger a spring election if the Senate does not pass the government's violent-crime bill by March 1.
The House of Commons began debate Monday on a government motion calling on the Senate to pass the Tackling Violent Crime Act by the start of next month. If the Commons passes the motion and the Senate does not comply, the prime minister could ask Gov. Gen. Michaelle Jean to dissolve Parliament, said a Harper spokeswoman.
"It's a confidence motion, so that's still an option," said Carolyn Stewart-Olsen, the prime minister's press secretary.
It is the strongest statement yet that Harper is willing to force an election if the Senate does not yield to his government's agenda.
But some constitutional experts say such a move would conflict with a federal law passed last year setting fixed-election dates. Under the law, which was introduced by the Harper government, the next federal election is slated for October, 2009, unless the opposition parties defeat the government before then.
"One could make a very strong argument to the Governor General to refuse his request because he's violating his own law," said Errol Mendes, a professor of constitutional and international law at the University of Ottawa.
An attempt to force an election would also violate the constitutional principle of Senate independence, noted Mendes. The Commons has no authority to compel the Senate to pass legislation, he said.
"Confidence motions are basically about the government of the day retaining the confidence of the House, not the Senate. It has nothing to do with the Senate, which is why there has never in the history of Canada been a motion such as this."
Government officials beg to differ. Conservative House leader Peter Van Loan has said the fixed-election law doesn't prevent the prime minister from asking the Governor General to dissolve Parliament.
"There is nothing in the law that takes away the Crown's traditional and usual prerogatives on this matter," he told reporters at a news conference to announce the motion last week.
The motion will be put to a vote as early as today, and is expected to pass. If the Senate then refuses to pass the bill by March 1, the two chambers of Parliament would be at a "clear impasse," Van Loan said last week.
It is not unprecedented for the Governor General to refuse a prime minister's request to drop the writ. The most famous case was in 1926, when then-governor general Lord Byng refused a request by William Lyon MacKenzie King. Byng instead asked Conservative Leader Arthur Meighen to form the government, but Meighen's government was quickly defeated.
But today, some constitutional experts believe Jean would have little choice but to drop the writ if approached by Harper.
"I don't see any constitutional problem at this point in time for the Governor General on the question of dissolving the House," said Ned Franks, professor emeritus of politics at Queen's University in Kingston, Ont. "The Parliament's gone on for two years and, historically, if a minority government has lasted that long, the Governor General doesn't raise any squawks."
In building its case for a possible snap election, the Harper government has referred to the 1988 election. Then-prime minister Brian Mulroney called the election after Liberal Leader John Turner asked the Senate to delay passage of Free Trade Agreement legislation.
But some observers question whether that is a valid comparison.
"It's a change of direction for Canadian laws on crime, but it's nothing near as momentous as the Free Trade Agreement," said Franks.
The Conservatives argue the Senate has been impeding the government's crime agenda for months. The Tackling Violent Crime Act actually repackages five crime bills that the government failed to get through in the last parliamentary session. Among other things, it would impose tougher sentences for gun crimes and raise the age of sexual consent to 16 from 14.
But the Liberals point out it was the Harper government itself that prorogued the last session in the summer, thus requiring the bills to wend their way through Parliament again. And they note the bill was introduced in the Senate on Nov. 29, and Parliament only recently resumed after a holiday break.
The Senate legal affairs committee, which is studying the bill, has extended its sitting hours and will likely meet during a parliamentary recess next week to fast-track the bill, said Liberal Senator Sharon Carstairs. But she said it's "unrealistic" to expect the Senate to pass the bill by March 1.
"They clearly don't want their bill. If they wanted their bill, they clearly would give the Senate time to examine it," said Carstairs. "We have a constitutional responsibility to give it sober second thought."
POSSIBLE ELECTION TRIGGERS
Feb. 26: Finance Minister Jim Flaherty confirmed Monday he will table the government's annual budget on Feb. 26. The NDP and Bloc Quebecois have given strong indications they will oppose it, while Liberal Leader Stephane Dion says his party will wait and see. There will be up to four days of debate, though not necessarily on consecutive days, on the budget motion and any opposition amendments. The first confidence vote could come on the second day of debate, when MPs will vote on the first set of amendments.
March 1: Parliament is expected to pass a motion this week calling on the Senate to pass the government's violent-crime bill by March 1. If the Senate does not pass the bill by then, the prime minister could ask the Governor General to dissolve Parliament, on the grounds the Senate is impeding his government's agenda.
March 31: The government has tabled a motion calling for the extension of the Afghanistan mission until at least 2011, provided the government can procure additional equipment and convince its allies to commit roughly 1,000 more troops. The government has said it will put the motion to a vote before Prime Minister Stephen Harper heads to a NATO leaders summit in early April. Last week, government House leader Peter Van Loan said the vote could come "sometime" next month.
The government must also schedule seven "opposition days" between now and March 26. The opposition can use those days to introduce non-confidence motions that could topple the government.
Ottawa Citizen