Skip to main content

“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

FELDSTED – The active Privy Council is currently comprised of the Prime Minister and Cabinet Ministers. They cannot advise the government without engaging in an unethical conflict of interest

This is the second in a series ... on the Executive Branch of the Canadian government. Part 1 was an outline of the structure of the Executive Branch.

 

Today we will start to examine the structure more closely. The key element is in section 11 of the constitution:

11 There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen’s Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General.
    
It is the Queen’s (Governor General’s) Privy Council, not the Prime Minister’s Privy Council. The Governor General, not the Prime Minister decides who will sit on the Privy Council. There are several reasons for that. For the Privy Council to “aid and advise in the government of Canada” it must include members of Opposition Parties and may include such unelected experts as the Governor General deems appropriate.

At present, the active Privy Council is comprised of the Prime Minister and Cabinet Ministers. They cannot advise the government without engaging in an unethical conflict of interest. The Privy Council must be politically neutral.

The Commons is divided along party lines and the Senate is worse; divided between Liberal and Conservatives. Other parties are blocked out and have been since confederation. That needs to be corrected. Members of Parliament whose parties are recognized in the Commons should be eligible for the Privy Council.

The Privy Council must review legislation and programs in a detached manner, looking only at the benefit or disadvantage for Canadians.

The need for the Privy Council to be politically neutral is essential ... as the Clerk of the Privy Council is also head of the Civil Service. It is imperative that our civil service is politically neutral and serves the elected government of the day, not the opposition party that lost the election.

Civil servants should be required to sign an oath of political neutrality as a condition of their employment. What they do when they are not at work is different. Like members of the military, they can support elected representatives and political parties on their dime and time. They have the right to do so under our Charter of Rights and Freedoms.

Currently, the political party in power can find civil service positions for failed candidates and party supporters thereby politicizing the civil service.

The Privy Council membership needs a thorough housecleaning.


Currently, an appointment is for life which is contrary to the provision that allows the Governor General to remove members from time to time. The current 369 members is an unwieldy and unneeded group. We should never have more Privy Councillors than Senators (105).

The Privy Council working group should consist of not more than eight or twelve members of government, an equal number of opposition members and independent experts all chosen by the Governor General. That is for the Governor General to decide.

The directive to move the Privy Council from the Governor General’s domain to control by the Prime Minister’s Office was made by Order in Council in March 1940 (PC 1940 – 1121). An Order in Council requires Royal Assent to become effective and that was not possible as the Governor General at the time had died in February 1940. The hijack of powers was motivated in part by the King-Byng affair (1926) and King’s resentment at the ‘interference’ by Governor General Byng.

While there was some justification for strengthening the Prime Minister’s Office during wartime -- when there was a need to provide support to allied efforts to stem the tide of a takeover of free nations -- that did not persist when the war ended. There is no justification for current practices.

Our government departments and agencies and the government cabinet have grown immensely since 1940 as have capacities to respond in an emergency that was not available 80 years ago.   

The Order is Council is in violation of our constitution and is invalid. The Order in Council should have been rescinded at the end of World War Two, but was not. That error must be corrected and the power balance between the Executive and Prime Minister restored.

Constitutionally, the Governor General is not and should not be a figurehead. There are very rare occasions when executive powers come into play, usually in the event of internal or external crises. We need the executive branch to protect the people of Canada from unchecked government overreach and abuse.  

 

John Feldsted ... is a political commentator, consultant, and strategist. He makes his home in Winnipeg, Manitoba

Labels:

Comments

Post a Comment

Popular posts from this blog

Interfor Moves Headquarters Out of BC as Forestry Crisis Continues

NDP policies are driving businesses out of B.C., and the forestry industry just suffered yet another calamity. Interfor, a BC company founded more than 60 years ago and now one of the world's largest lumber producers, is moving its headquarters from Burnaby, BC to Atlanta, Georgia. As BC’s forestry sector faces mill closures and mounting uncertainty, this move is another warning sign that the crisis is deepening and conditions are fatal. “This is the NDP’s record: endless job losses with no hope in sight for the forestry sector,” said Ward Stamer, Shadow Minister for Forestry. “Interfor still has three mills in BC which are now in serious jeopardy, and it is likely we will see even more companies pull out of BC. The NDP government is suffocating the forestry industry with high taxes, excessive regulations, and permitting delays, while DRIPA has made it impossible to plan for the future.” “Decisions like this are sadly not surprising given the NDP’s indifference if not hostility tow...
Post a Comment
Read more

Okanagan Farmers Face NDP-Created Water Crisis ~~ BC Conservatives

Okanagan farmers are facing a water crisis as government-imposed restrictions threaten to kill their crops and destroy one of B.C.’s most important agricultural industries. In perhaps the most water-rich province in the country, our farmers have been left high and dry by the NDP government. For nine weeks, Okanagan and Shuswap farmers have proposed solutions, only to be met with NDP foot-dragging. Now forest fires have come to these regions as they are simultaneously reckoning with a water crisis that has been made worse through years of government inaction. Vernon-area farms have lost 70 percent of their water, while Kelowna and Summerland growers face severe restrictions. This situation is unacceptable and cannot continue. Ian Paton, Shadow Minister for Agriculture, said the NDP is once again forcing farmers to pay for its own failure to plan. "Farmers and ranchers must be listened to when decisions affecting their livelihoods are made, and under the NDP, they aren’t," said...
Post a Comment
Read more

NDP Hypocritically Admits Natural Gas Power Was Needed All Along ~~ BC Conservatives

The NDP just got caught buying back the exact kind of power plant it spent years telling British Columbians they didn't need. The NDP government announced today that BC Hydro is purchasing the Island Generation natural gas facility in Campbell River, an admission that its electrification-only energy policy was never realistic. The 275-megawatt plant was originally privately owned yet kept to a minimal backup role under the NDP, operating just 15 days a year on average. Now, with demand outpacing what the NDP's plan can support, the government is spending taxpayer funds on the very gas capacity it once treated as obsolete. "You cannot electrify everything and pretend natural gas doesn't matter," said Larry Neufeld, Shadow Minister for Energy.  "Buying back a gas plant they once wrote off is proof their own plan couldn't keep the lights on. It's a step towards more energy reality, but the government needs to go further and scrap the impending province-w...
Post a Comment
Read more

Labels

Show more