FELDSTED -- The Payette ‘controversies’ are a huge problem for the PMO which is operating outside the constitution
"Prime minister," the clerk of the privy council is reported to have advised, "your biggest problem is in Rideau Hall."
That was in 2006, when Stephen Harper was Prime Minister and Michaëlle Jean was Governor General.
Fourteen years later, amid a run of unflattering stories, Justin Trudeau and Julie Payette might try to find some solace in the fact that this is not the first time the vice regal office has been said to be the location of a sizeable problem.
But the potential stakes of such a problem cannot be taken for granted. And
the pressing question for both Trudeau and Payette is whether the former
astronaut can continue to represent the Queen without doing significant damage
to one of the foundational institutions of Canadian democracy.
* * * * * * * * * * * *
The
“controversy” is an orchestrated distraction and expected. The PMO is mounting
an aggressive defence of the Prime Minister. Mr. Wherry is oblivious to the
irony of his opening quote:
"Prime minister," the clerk of the privy council is reported to
have advised, "your biggest problem is in Rideau Hall."
Governor General Payette is in limbo due to an
unconstitutional shift of the Privy Council from the Executive Branch
(represented by the Governor General) to the Prime Minister’s office – the
Administrative Branch. This was done in March 1940 under an Order in Council
(PC 1940 – 1121) issued by Prime Minister Mackenzie King allegedly as a wartime
measure to strengthen Cabinet capacity.
Governor General John Buchan, 1st Baron Tweedsmuir had passed away
in February 1940 and could not object. Since Baron Tweedsmuir had passed, he
could not give Royal Assent to the Order in Council, required to make it legal.
Constitutionally, the Privy Council belongs in the realm of the Governor
General, not in the PMO. It is not legal to amend the constitution through an
Order in Council. The change would have required the assent of the British
Parliament. (Prior to 1982, changes to the British North America Act required
assent of the British Parliament.)
The Payette ‘controversies’ are a huge problem for the PMO which is operating
outside the constitution.
Trudeau
recommended Payette for the position and found her to be less pliable than he
would like. Not all Governor Generals are content to have the Prime Minister
marginalize them.
The Executive Branch, represented by the Governor General, has the power to
remove any appointed official from office under powers in the Letters Patent
given by the Monarch to the Governor General.
The Office of Prime Minister is an appointment.
Mr. Trudeau
was not elected as Prime Minister; he was elected as the Member of Parliament
for the electoral district of Papineau. His election as Leader of the Liberal
Party (April 2013) is separate and apart from his district election.
After the 2015 election, the Liberal Party had the majority of seats in the
House of Commons, so by convention, Mr. Trudeau was appointed Prime Minister.
In 2019, the Liberals returned to power with a minority government. The Liberal
administration has since been plagued with a series of scandals and failures to
adhere to conflict legislation.
The recent allegations that the Prime Minister -- and Finance Minister -- have
both violated the Conflict of Interest Act (and possibly the Criminal Code) are
onerous ... this in part because both have previously been found guilty of
violations of the Act.
On a third
conviction, the Governor General would have cause to reconsider Mr. Trudeau’s
appointment for the good of the nation. Convention cannot override corruption;
flaunting the law cannot go unpunished.
The PMO’s efforts to put Governor General Payette under fire are not
surprising. It is not the Prime Minister’s job to “support” the Governor
General; in a constitutional monarchy, the Governor General outranks the Prime
Minister. Both are bound by terms of the constitution and democratic will of
the people, expressed by Parliament prevails.
Mr. Trudeau’s job is to govern the nation responsibly. The Governor General’s
job is to listen to the Privy Council and provide advice to the government as
needed. That is what the Executive Branch is all about. The Privy Council was
politicized when it was moved to the PMO and that is wrong.
I do not believe that the current Governor General is above reproach. It is
possible that she has problems dealing with personnel. It is also possible that
members of her staff hold a high opinion of themselves and are not happy with
being asked to do real work.
The PMO – GG kerfuffle is manufactured and due to the unconstitutional move of
the Privy Council Office from the realm of the Governor General to the PMO.
Fix it! That
is long overdue.
JOHN FELDSTED ... is a political commentator, consultant, and strategist. He makes his home in Winnipeg, Manitoba.
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