Connect with us
[bsa_pro_ad_space id=12]

National

Canadians challenge Prime Minister’s decision to prorogue Parliament: “no reasonable justification”

Published

5 minute read

Justice Centre for Constitutional Freedoms From the JCCF 

The Justice Centre for Constitutional Freedoms is providing lawyers on an urgent basis to two Canadians, David MacKinnon and Aris Lavranos, seeking a Federal Court declaration that Prime Minister Trudeau’s recent prorogation of Parliament is unreasonable and must be set aside.

When Parliament is prorogued, the parliamentary session is terminated, and all parliamentary activity, including work on bills and in committees, immediately stops.

Among its many grounds arguing that Trudeau’s decision to advise the Governor General to exercise her prerogative power to prorogue Parliament to March 24, 2025, this application argues that the decision to prorogue Parliament was “incorrect, unreasonable or both.” The court application, filed today, contends that the Prime Minister’s decision to prorogue “was not made in furtherance of Parliamentary business or the business of government, but in service of the interests of the LPC [Liberal Party of Canada].”

At his news conference yesterday, on January 6, 2025, the Prime Minister’s stated justification for the prorogation was (1) to “reset” Parliament and (2) to permit the Liberal Party of Canada time to select a new party leader. No explanation was provided as to why Parliament could not recess instead. No explanation was provided as to why Members of Parliaments could not immediately exercise their right to vote on a motion of non-confidence in the government. A majority of MPs have now repeatedly promised to do just that, which would trigger an election and provide the needed “reset” in a democratic and legitimate way.

No explanation was provided as to why a prorogation of almost three months is needed. No explanation was provided as to why the Liberal Party of Canada ought to be entitled to such a lengthy prorogation simply so it can hold an internal leadership race.

This Federal Court application includes language taken from a decision of the Supreme Court of the United Kingdom, which ruled in 2019 that then-Prime Minister Boris Johnson had prorogued Parliament unlawfully, as a means of avoiding Parliamentary scrutiny over the government’s “Brexit” negotiations concerning the departure of the United Kingdom from the European Union.

The application contends, among other things, that “in all of the circumstances surrounding it, the [prorogation] has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive, particularly insofar as it relates to Parliament’s ability to deal quickly and decisively with especially pressing issues, such as the situation caused by President-Elect Trump’s stated intention to impose a 25% tariff on all goods entering the United States from Canada.”

“This prorogation stymies the publicly stated intent of a majority of MPs to bring a motion for non-confidence in the government and trigger an election. Prorogation serves the interests of the Liberal Party, but it does not further Parliamentary business or the business of government. It violates the constitutional principles of Parliamentary sovereignty and Parliamentary accountability,” stated lawyer James Manson. “We will invite the Court to conclude that the Prime Minister’s decision to advise the Governor General to prorogue Parliament was without reasonable justification.”

Applicant David MacKinnon feels strongly about this case. He stated, “This case concerns a living tree – our Constitution – and how that living tree withers without proper care. If we are to fight tyranny – for it is tyranny that confronts us – we must find the answer within the memory of our historical past. We call this memory ‘the common law.’ It is enshrined in the preamble of our constitution. The common law is the repository and guarantor of our justice and our wealth and happiness. Had we nurtured our living tree, and looked to our past, we would have read Lord Denning’s admonishment to the Attorney General of an earlier time: ‘Be ye never so high, the law is above you.’”

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

Alberta

Preston Manning: Canada is in a unity crisis

Published on

Preston Manning's avatar Preston Manning

A Canada West Assembly would investigate why

The election of a minority Liberal government on Monday, and the strong showing of the Conservative party under Pierre Poilievre, cannot mask the fact that Canada remains seriously fractured on many fronts. Thus, one of the primary tasks of the Carney government will be to unite us for the sake of our own national well-being — not simply for the sake of presenting a strong front in future dealings with the United States.

But how is that to be done? When parliament meets as scheduled on May 26, will the government’s throne speech acknowledge the main sources of national disunity and propose the immediate adoption of remedial measures? Or will it ignore the problem entirely, which will serve to further alienate Quebec and the West from Ottawa and the rest of Canada, and weaken Canada’s bargaining position vis a vis the United States?

The principal tactic employed by the Liberal party to unite Canadians behind it in the recent election was to employ the politics of fear — fear of U.S. President Donald Trump trying to “break us so that America can own us,” as Liberal Leader Mark Carney has repeatedly said.

But if the only way to unite Canadians is through the promotion of anti-Americanism fostered by fear of some alleged American takeover — if reaction to the erratic musings of an American president is the only way to motivate more Canadians to vote in a federal election — then not only national unity, but Canadian democracy itself, is in critical condition.

We need to pinpoint what actually is fracturing the country, because if we can clearly define that, we can begin the process of removing those divisive elements to the largest extent possible. Carney and the Liberals will of course declare that it is separatist agitations in Quebec and now the West that is dividing us, but these are simply symptoms of the problem, not the cause.

Here, then, is a partial list of what underpins the division and disunity in this country and, more importantly, of some positive, achievable actions we can take to reduce or eliminate them.

First and foremost is the failure to recognize and accommodate the regional character of this country. Canada is the second-largest country by area on the planet and is characterized by huge geographic regions — the Atlantic, Central Canada, the Prairies, the Pacific Coast and the Northern territories.

Each of these regions — not just Quebec — has its own “distinctive” concerns and aspirations, which must be officially recognized and addressed by the federal government if the country is to be truly united. The previous Liberal government consistently failed to do this, particularly with respect to the Prairies, Pacific and Northern regions, which is the root of much of the alienation that even stimulates talk of western separation.

Second is Ottawa’s failure to recognize and treat the natural resources sector as a fundamental building block of our national economy — not as a relic from the past or an environmental liability, as it was regarded by the government of former prime minister Justin Trudeau.

Will the throne speech announce another 180-degree turn for the Liberal government: the explicit recognition that the great engine of the Canadian economy and our economic recovery is not the federal government, as Carney has implied, but Canada’s agricultural, energy, mining, forestry and fishery sectors, with all the processing, servicing, manufacturing and knowledge sectors that are built upon them?

A third issue we’ve been plagued with is the division of Canadian society based on race, gender, sexual preferences and other identity traits, rather than focusing on the things that unite us as a nation, such as the equality of all under the law. Many private-sector entities are beginning to see the folly of pursuing identity initiatives such as diversity, equity and inclusion that divide rather than unite, but will the Liberal government follow suit and will that intention be made crystal clear in the upcoming throne speech?

A final issue is the federal government’s intrusion into areas of provincial jurisdiction — such as natural resources, health, municipal governance, along with property and civil rights — which is the principal cause of tension and conflict between the federal and provincial governments.

The solution is to pass a federal “act respecting provincial jurisdiction” to repeal or amend the statutes that authorize federal intrusions, so as to eliminate, or at least reduce, their intrusiveness. Coincidentally, this would be a legislative measure that both the Conservatives and the Bloc could unite behind if such a statute were to be one of the first pieces of legislation introduced by the Carney government.

Polling is currently being done to ascertain whether the election of yet another Liberal government has increased the growing estrangement of western Canada from Ottawa and the rest of Canada, notwithstanding Carney’s assurances that his minority government will change its policies on climate change, pipelines, immigration, deficit spending and other distinguishing characteristics of the discredited Trudeau government.

The first test of the truthfulness of those assurances will come via the speech from the throne and the follow-up actions of the federal government.

Meanwhile, consultations are being held on the merits and means of organizing a “Canada West Assembly” to provide a democratic forum for the presentation, analysis and debate of the options facing western Canada (not just Alberta) — from acceptance of a fairer and stronger position within the federation based on guarantees from the federal government, to various independence-oriented proposals, with votes to be taken on the various options and recommendations to be made to the affected provincial governments.

Only time will tell whether the newly elected Carney government chooses to address the root causes of national disunity. But whether it does so or not will influence the direction in which the western provinces and the proposed Canada West Assembly will point.

Preston’s Substack is free today.

But if you enjoyed this post, you can tell Preston’s Substack that their writing is valuable by pledging a future subscription.

Pledge your support

Continue Reading

2025 Federal Election

NDP Floor Crossers May Give Carney A Majority

Published on

Walk this way!  …singing, hey diddle diddle with the NDP in the middle…

Rumours are bouncing around that a number of NDP MPs are looking at potentially crossing the floor to join the Liberal Party of Canada and give Mark Carney the majority he is looking for. The final count for the Liberal Party was that they finished with 169 seats, a mere three seats short of the number needed to claim majority and not have to work with other parties to create a workable mandate.

From the NDP perspective, I sort of get it. After all, Singh lost in his own riding, the party no longer enjoys Official Party Status and all the accoutrements that come along with this (the biggest one being money), and the party is rumoured to be bankrupt. From an individual’s perspective, crossing the floor gives them four years of employment (beyond that may be more murky as many will say “I didn’t vote for that”), and if you are amongst the first to cross, your bargaining position (cabinet position) can enhance your political lot in life fairly materially. If this were to occur it will happen quickly as the law of diminishing returns happens exponentially faster should you be the fourth to cross the line (maybe the Lizzy will join the race!)

From the Liberal perspective, I’m not as convinced the benefits are as transparent, from a nation building perspective. Sure, you get the majority (and thus mandate) you wish to pursue, but you truly would be thumbing your nose at Canada when you know that many NDP votes metaphorically crossed the floor to vote during the election (likely without the foresight that it would result in the death of their party), and that the country is actually pretty evenly split between the Liberals and Conservatives. Language like “now is the time for Canada to unite” and “we need a strong mandate to make Canada strong, and now we have it” could be thrown around, but that can create real fractures should that occur.

Personally, I am hoping that Prime Minister Carney says no to any floor crossers, and works to bridge the divides that are significant within this country. There is no reason that Canada cannot be one of the greatest countries, other than getting in the way of ourselves. Now is the time for olive branches, not cactus areoles.

Thanks for reading William’s Substack!

Subscribe for free to receive new posts and support my work.

Continue Reading

Trending

X