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 Perils of Unconstitutional Governance

 

The news of Governor General Julie Payette’s resignation or a similar problem was inevitable. There is a president and more to come. Our federal government is operating unconstitutionally. Our constitution requires that:

9.   The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen.

10. The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the time being of Canada, or other the Chief Executive Officer or Administrator for the time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated.

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.

 

******************************************

    

There is more, but that is enough for now. The Privy Council is properly the Queen’s Privy Council, not the Prime Minister’s Privy Council. The Clerk of the Privy Council reports to the Governor General, not to the Prime Minister.

The Privy Council Clerk is also head of the federal civil service, must be politically neutral and ensure that the entire civil service is politically neutral. The civil service must serve whatever government the people elect without bias, favour, fear or partisanship.

Having the Clerk of the Privy Council reporting to the Prime Minister is unconstitutional. It robs the Governor General of his or her powers and politicizes the Privy Council and civil service.

The executive powers exercised by the Governor General must be politically neutral. It follows that his advisors on the Privy Council must also be neutral or politically balanced. The current practice of having the functioning privy council made up of government cabinet ministers does not serve Canada’s interests.

Prime Minister Justin Trudeau is mucking about in affairs outside his constitutional jurisdiction to the detriment of the nation. The executive power resides with the Governor General, not with the Prime Minister. The Governor General, not the Prime Minister, decides who will sit on the Privy Council.

One of the indicators of how wrong the current framework is, was when the Privy Council Clerk was badgering the Solicitor General in the SNC-Lavalin scandal. That is not the constitutional role of the Privy Council Clerk. He is not the Prime Minister’s servant and must be politically neutral. That is particularly important following a general election when the Governor General may be called on to choose the Prime Minister of a minority government.

Now the Governor General has been deemed unfit for office and resigned. Had she been appropriately guided by a politically neutral and experienced Privy Council Clerk, the debacle could have been avoided.

The Privy Council Clerk was moved to the Prime Minister’s Office under an Order in Council in 1940 by then Prime Minister Mackenzie King. An Order in Council cannot change the constitution. At the time, a constitutional change would have required Whitehall’s consent, which was not applied for or given.  

We must repair the unconstitutional federal government framework. Installing a replacement Governor General is not sufficient. He must have constitutional powers and a neutral Privy Council to ensure that he can lawfully exercise his duties.

 

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

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