Stephen Harper’s gambit to use the economic crisis as an excuse to kneecap the opposition has led the Liberals and the NDP to make plans for a governing coalition that would topple the Conservatives. The Tories have clearly overplayed their hand.
If the Liberals and NDP do strike a new partnership backed by the Bloc, the question is whether Governor General Michaëlle Jean will give them the chance to form a government or will instead call an election.
Historians will remind us of the 1926 King-Byng affair, in which Governor General Byng turned to the Conservative Party (led by Arthur Meighan) instead of calling an election, as requested by Prime Minister William Lyon Mackenzie King who sought the dissolution of Parliament. King argued that Byng’s action was a violation of democracy and the constitution. Meighan’s government didn’t last long and led to an election in which King used the GG’s decision to whip up support. This “affair” has often been pointed to as the most assertive actions by a Governor General, acting upon the residual powers of that office. No GG since has attempted to assert their prerogative and are generally deferential to requests made by a Prime Minister.
Harper is clearly hoping that Jean is no exception. In a statement today, Harper made it clear that the choice is this: accept the Conservative government or force an election two months after the last one. A new government without an election is not possible, he feels. “They [Liberals and NDP] want to take power, not earn it,” said Harper.
However, I think its time to revisit this issue. The Conservatives do not hold a majority of seats and did not receive a majority of votes. Instead, they hold the largest plurality of seats. Does this mean that they should be able to govern like a majority, including the right to call elections? Or instead, shouldn’t the majority of the elected representatives in the House be able to form the government?
Indeed the majority should rule; that’s the very notion of a Westminster Parliamentary-style of government. The Governor General, in allowing a Liberal-NDP coalition to form a new government, would be upholding the system, not subverting it. And least we forget, after the Canadian people failed to elect one clear winner of the election, it was the Governor General who called upon Stephen Harper to form the government. If she could make that decision, why can’t she choose the Liberal-NDP coalition?
An interesting element of revisiting this debate now is the role of the Supreme Court of Canada. The Supreme Court was not nearly so strong in 1926. The Statue of Westminster, which ended colonial appeals to London, wasn’t created until 1931 (five years after the King-Byng Affair). This, plus the introduction of the Charter, makes it likely that any decision the GG makes will end up before the Supreme Court. In turn, this will lead to many interesting questions. For instance:
- Can the Supreme Court review decisions made by the Governor General in accordance with her residual power?
- Once called upon to form a government, can the party only be removed from power by an election?
- Does a plurality of seats in the House constitute the government, or does a majority of members?
Such an appeal to the Supreme Court would be the Canadian equivalent of Bush v. Gore. I have greater faith that Madame Justice Beverly McLachlin can guide the court to a wise decision than Chief Justice William Rehnquist. In the meanwhile, Harper better call the movers. He’s leaving 24 Sussex soon!
The difference this time around, is the party with controling the balance of power is a SEPERATIST PARTY. The GG must take that into account – and call a general election. The Liberals will not survive – I hope – as a party, after the Canadian people get a second chance to cast thier ballots.
Who wrote your comments Philip? You or the PMO? Make no mistake; the Conservative government has survived in part from the support of the Bloc. You can’t suddenly repudiate the Liberals for accepting support from the same party that let the Tories govern. Besides, the Bloc will not sit as part of the Government. The GG must respect democracy and realise that the Bloc are elected members of Parliament; nothing more.
No, no, no! It’s the Maple Syrup Revolution! A sweet, gentle and legal change of government. So, Canadian, eh?