Ottawa, June 25, 2004 (LifeSiteNews.com) – Many Canadians are rediscovering the actual role of the Governor General as the representative of Canada’s Head of State in light of the possibility of a close election result. This situation highlights the general ignorance regarding our constitution and parliamentary system among many Canadians, even those in leadership.
Senator Anne Cools is among those who have lamented this situation, saying in the Senate that “the deconstruction of Parliament is synonymous with the deconstruction of Canada”. She has consistently promoted a proper understanding of the role of the Canadian Crown in regard to responsible government, encouraging knowledge of our constitution.
The Canadian Constitution is formed by several documents, the foundational document being the “Constitution Act, 1867,” commonly known as the “British North America Act, 1867”. It specifies and establishes both executive and legislative powers. Executive power is “vested in the Queen” herself, but also extends to the Governor General, who administers “the Government of Canada on behalf and in the Name of the Queen”, and the Privy Council of Canada, “to aid and advise in the Government of Canada” (section three).
Few realize that most government orders and appointments are actually proclaimed by the Governor General, who is in regular communication with the Cabinet, the active portion of the Privy Council. Legislative power is given to the Parliament of Canada, which is composed of the Queen represented by the Governor General, the Senate and the House of Commons (section four). For this reason, a bill becomes federal law in Canada only with the approval of all three. The Governor General gives Royal Assent, which is the final stage of the legislative process.
In 1947, King George VI further constituted the role of the Governor General, who is the personal representative of the Sovereign. At that time, he authorized and empowered the Governor General “to exercise all powers and authorities lawfully belonging to us in respect of Canada” with the advice of the Privy Council. This means that the current Governor General is fully empowered to exercise these delegated executive powers. This includes “summoning, proroguing or dissolving the Parliament of Canada”, as well as federal appointments, removals from office, pardons, and diplomatic functions. It is the Governor General who calls an election and who is responsible for the stable constitutional governance of Canada.
Because Canada is a constitutional monarchy, the Governor General usually exercises executive power only with and according to the advice of the Prime Minister and Cabinet of the day. This gives the impression that it is the Prime Minister who holds these powers, though the Prime Minister is not mentioned in the Constitution Act, 1867. However, it is the Governor General who must choose who actually forms the Government. By convention, this Government will be whoever has the “confidence” of the House of Commons, as elected by the people of Canada.
Usually an election gives a decisive result that clearly indicates whom the Governor General will invite to form HM government. If the result is unclear or very close she must decide who will be most likely to form a government that will maintain confidence. She will take into consideration any attempts at coalition, as well as the advice of many. If one party fails to form a successful government, she has the option of inviting another party to attempt this before deciding if calling a new election is necessary. The current Governor General, who is known to personally lean leftward, may need the prayers of all Canadians in this decision-making in the coming week.
See website with relevant documents referred to for this article at: Canadian Constitutional Documents A Legal History https://www.solon.org/Constitutions/Canada/English/index.html cb