Prorogation in Canada
Encyclopedia
Prorogation is the end of a parliamentary session
in the Parliament of Canada
and the parliaments of its provinces and territories. It differs from a recess
or adjournment, which do not end a session, and from a complete dissolution of parliament, which ends both the session and the entire parliament, requiring an election for the House of Commons.
In the Canadian parliamentary system, the legislature is typically prorogued upon the completion of the agenda set forth in the Speech from the Throne
and remains in recess until the monarch or governor general
, in the federal sphere, or lieutenant governor
, in a province, summons parliamentarians. In 2008, 2009, and 2010, prorogation of the Parliament of Canada was the subject of discussion among academics, the Canadian public, and their political representatives.
It is the Canadian monarch's prerogative to prorogue the legislatures, though this is usually done for the federal parliament by the sovereign's federal representative, the Governor General of Canada
, and always for the provincial parliaments by the monarch's provincial representatives, the lieutenant governors
. Like all actions of the sovereign and governors, this is almost exclusively done on the advice of the relevant prime minister.
A parliamentary session lasts until a prorogation, after which, without ceremony, the one or both chambers of the legislature cease all legislative business until the governor general or lieutenant governor issues a proclamation calling for a new session to begin. For the federal parliament, except for the election of a speaker for the House of Commons and his or her claiming of that house's privileges, the same procedures for the opening of parliament are again followed.
. Only when vast amounts of legislation needed to be debated and passed during the Second World War
did parliament begin to sit for longer sessions. This was followed by an expansion of the government's role in Canadian life through the 1950s and 1960s, requiring even shorter prorogations. Additionally, the advent of modern communication tools and air travel rendered long prorogations even more unnecessary; Members of Parliament may contact their home ridings whenever they want and can visit their home ridings during adjournments. Today, sessions of parliament still last about one year each, but the prorogation in between sessions is often only a few days and new sessions are started more for organizational or political reasons than for the purpose of giving members of parliament time away. Between 1867 and 2010 the average period of prorogation was 151 days. However, in the 30 year period between 1980 and 2010, the average was just 22 days.
In 1873, during the 2nd Canadian Parliament
, Prime Minister
Sir John A. Macdonald
asked Governor General the Earl of Dufferin
to prorogue parliament in order to stop the work of a committee investigating Macdonald's involvement in the Pacific Scandal
. While the Governor General did reluctantly prorogue parliament, he limited it to a period of ten weeks, appointed a commission to continue the hearings, and gave it until parliament reconvened to report. When parliament returned and the commission presented their findings, Macdonald was censured and had to resign. According to Christopher Moore, it was at this point that the relationship between backbencher
s and the prime minister began an evolution; "MacDonald himself became one of the inventors of the 'party machine' the party as a disciplined, centralized, loyal team that would not dare to turn on him as it had in 1873." By the mid-20th century, parliamentary caucuses were being told by their leaders that they had "no right to question what a leader did or said."
When, in 2002, Governor General Adrienne Clarkson
agreed to prorogue the legislature at the direction of Prime Minister Jean Chrétien
, the latter avoided tabling a report to the House of Commons public accounts committee regarding the sponsorship scandal
that, at the time, surrounded Chrétien's party
. After parliament was again summoned, investigations into the scandal continued, Chrétien stepped down as prime minister in December of the following year, and the Liberal party was reduced to a minority government
in the subsequent election of 2004
.
A prorogation of parliament took place on December 4, 2008, when Prime Minister Stephen Harper
recommended Governor General Michaëlle Jean
to do so after two opposition
parties formed a coalition with the support of a third party and threatened to vote non-confidence in the sitting minority government
, precipitating a parliamentary dispute
. The Governor General, however, did not grant her prime minister's request until after two hours of consultation with various constitutional experts. Upon the end of her tenure as vicereine, Jean revealed to the Canadian Press that the delay was partly to "send a message and for people to understand that this warranted reflection." It was also at the same time said by Peter H. Russell
, one of those from whom Jean sought advice, that Canadians ought not regard the Governor General's decision to grant Harper's request as an automatic rubber stamp
; Russell disclosed that Jean granted the prorogation on two conditions: parliament would reconvene soon and, when it did, the Cabinet would produce a passable budget. This, Russell said, set a precedent that would prevent future prime ministers from advising the prorogation of parliament "for any length of time for any reason." Nelson Wiseman, a political science professor at the University of Toronto, wrote of Harper that "no Prime Minister has so abused the power to prorogue."
Harper again advised the Governor General to prorogue Parliament on December 30, 2009. The Prime Minister stated that this was to keep parliament in recess for the duration of the XXI Olympic Winter Games
to be held in Vancouver
, British Columbia
, in February, 2010. The move, however, was suspected by opposition Members of Parliament (MPs) to be a way for Harper to avoid ongoing investigations into the Afghan detainees affair.
in various cities across the country through early 2010.
Within a week after the latter prorogation, the multi-partisan organization Fair Vote Canada
had gathered the signatures of 132 political scientists to a letter condemning the move and advocating for electoral reform
. New Democratic Party
(NDP) leader Jack Layton
called on January 20 and 23, 2010, for limits to prorogation, stating his party would put forward proposed legislative changes that would require a majority vote of MPs for the prorogation of parliament. Five days later, Liberal Party of Canada
leader Michael Ignatieff
also called for limits to the ability of the prime minister to advise the prorogation of parliament, his plan requiring the consent of the Canadian House of Commons
, following ten days written notice and debate. Ignatieff brushed off questions about the constitutionality of the proposed changes, saying if new rules are established, governors general "will respect those constitutional conventions" as they always have, adding: "The problem is not with the governor general. The problem is with the Prime Minister of Canada." These proposals echoed the arrangements within the Long Parliament
of England
, between 1640 and 1648, which could only be dissolved with the agreement of its members.
The NDP presented a motion
to the House of Commons requesting the prime minister not advise the governor general to prorogue parliament for more than seven days unless approved by a majority vote by the lower house. The motion passed on March 17, 2010, by a vote of 139 to 135, but motions are not binding. Five days later, Liberal, Bloc Québécois
, and NDP MPs used their majority in the Commons committee in charge of MPs' privilege and rules to approve an official review of the convention of prorogation, which could require a prime minister to seek approval from the House before asking the governor general to end a parliamentary session.
In a 2009 ruling, however, the Federal Court of Canada
found that tampering with the Crown's prerogatives, including prorogation of parliament, could not be done via normal legislation, requiring instead an amendment to the constitution pursuant to Section 41 of the Constitution Act, 1982. Christopher Moore opined in Canada's History that "no great web of new legislation or constitutional procedure is needed to rein in the abuse of prime ministerial powers. Other parliaments around the world regularly see party leaders and prime ministers dumped when their own backbenchers and prime ministers grow tired of them. If our premiers and prime ministers knew that legislatures would rebuke them for abusing parliament (as did the backbenchers in the legislature of 1873), we would not have to worry about rogue prorogations."
In October, 2010, Peter Russell said to the press that he had organized for February, 2011, with the support of Governor General David Johnston
, a meeting of constitutional scholars, historians, and government officials from various countries in the hopes of finding a consensus on how the Royal Prerogative should be used in future scenarios similar to that which took place at the end of 2008.
Parliamentary session
A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections...
in the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
and the parliaments of its provinces and territories. It differs from a recess
Recess (motion)
In parliamentary procedure, "recess" refers to legislative bodies—such as parliaments, assemblies, juries—that are released to reassemble at a later time. The members may leave the meeting room, but are expected to remain nearby. A recess may be simply to allow a break or it may be...
or adjournment, which do not end a session, and from a complete dissolution of parliament, which ends both the session and the entire parliament, requiring an election for the House of Commons.
In the Canadian parliamentary system, the legislature is typically prorogued upon the completion of the agenda set forth in the Speech from the Throne
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
and remains in recess until the monarch or governor general
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
, in the federal sphere, or lieutenant governor
Lieutenant Governor (Canada)
In Canada, a lieutenant governor is the viceregal representative in a provincial jurisdiction of the Canadian monarch and head of state, Queen Elizabeth II, who resides predominantly in her oldest realm, the United Kingdom...
, in a province, summons parliamentarians. In 2008, 2009, and 2010, prorogation of the Parliament of Canada was the subject of discussion among academics, the Canadian public, and their political representatives.
Mechanism
- Further information: Parliament of Canada > Term
It is the Canadian monarch's prerogative to prorogue the legislatures, though this is usually done for the federal parliament by the sovereign's federal representative, the Governor General of Canada
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
, and always for the provincial parliaments by the monarch's provincial representatives, the lieutenant governors
Lieutenant Governor (Canada)
In Canada, a lieutenant governor is the viceregal representative in a provincial jurisdiction of the Canadian monarch and head of state, Queen Elizabeth II, who resides predominantly in her oldest realm, the United Kingdom...
. Like all actions of the sovereign and governors, this is almost exclusively done on the advice of the relevant prime minister.
A parliamentary session lasts until a prorogation, after which, without ceremony, the one or both chambers of the legislature cease all legislative business until the governor general or lieutenant governor issues a proclamation calling for a new session to begin. For the federal parliament, except for the election of a speaker for the House of Commons and his or her claiming of that house's privileges, the same procedures for the opening of parliament are again followed.
History
In the 19th and early 20th centuries, prorogations in Canada lasted at least half of any given year. Parliament would typically be in session from February until June, give or take a few months, and would be prorogued for the remainder of the year, giving Members of Parliament the opportunity to spend a substantial amount of time in their home ridingsElectoral district (Canada)
An electoral district in Canada, also known as a constituency or a riding, is a geographical constituency upon which Canada's representative democracy is based...
. Only when vast amounts of legislation needed to be debated and passed during the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
did parliament begin to sit for longer sessions. This was followed by an expansion of the government's role in Canadian life through the 1950s and 1960s, requiring even shorter prorogations. Additionally, the advent of modern communication tools and air travel rendered long prorogations even more unnecessary; Members of Parliament may contact their home ridings whenever they want and can visit their home ridings during adjournments. Today, sessions of parliament still last about one year each, but the prorogation in between sessions is often only a few days and new sessions are started more for organizational or political reasons than for the purpose of giving members of parliament time away. Between 1867 and 2010 the average period of prorogation was 151 days. However, in the 30 year period between 1980 and 2010, the average was just 22 days.
In 1873, during the 2nd Canadian Parliament
2nd Canadian Parliament
The 2nd Canadian Parliament was in session from March 5, 1873, until January 2, 1874. The membership was set by the 1872 federal election from July 20 to October 12, 1872, and it changed only somewhat due to resignations and by-elections until it was dissolved prior to the 1874 election.It was...
, Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Sir John A. Macdonald
John A. Macdonald
Sir John Alexander Macdonald, GCB, KCMG, PC, PC , QC was the first Prime Minister of Canada. The dominant figure of Canadian Confederation, his political career spanned almost half a century...
asked Governor General the Earl of Dufferin
Frederick Hamilton-Temple-Blackwood, 1st Marquess of Dufferin and Ava
Frederick Hamilton-Temple-Blackwood, 1st Marquess of Dufferin and Ava, KP, GCB, GCSI, GCMG, GCIE, PC was a British public servant and prominent member of Victorian society...
to prorogue parliament in order to stop the work of a committee investigating Macdonald's involvement in the Pacific Scandal
Pacific Scandal
The Pacific Scandal was a political scandal in Canada involving allegations of bribes being accepted by the Conservative government in the attempts of private interests to influence the bidding for a national rail contract...
. While the Governor General did reluctantly prorogue parliament, he limited it to a period of ten weeks, appointed a commission to continue the hearings, and gave it until parliament reconvened to report. When parliament returned and the commission presented their findings, Macdonald was censured and had to resign. According to Christopher Moore, it was at this point that the relationship between backbencher
Backbencher
In Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
s and the prime minister began an evolution; "MacDonald himself became one of the inventors of the 'party machine' the party as a disciplined, centralized, loyal team that would not dare to turn on him as it had in 1873." By the mid-20th century, parliamentary caucuses were being told by their leaders that they had "no right to question what a leader did or said."
Adrienne Clarkson
Adrienne Louise Clarkson is a Canadian journalist and stateswoman who served as Governor General of Canada, the 26th since Canadian Confederation....
agreed to prorogue the legislature at the direction of Prime Minister Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
, the latter avoided tabling a report to the House of Commons public accounts committee regarding the sponsorship scandal
Sponsorship scandal
The sponsorship scandal, "AdScam", "Sponsorship" or Sponsorgate, is a scandal that came as a result of a Canadian federal government "sponsorship program" in the province of Quebec and involving the Liberal Party of Canada, which was in power from 1993 to 2006...
that, at the time, surrounded Chrétien's party
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
. After parliament was again summoned, investigations into the scandal continued, Chrétien stepped down as prime minister in December of the following year, and the Liberal party was reduced to a minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
in the subsequent election of 2004
Canadian federal election, 2004
The Canadian federal election, 2004 , was held on June 28, 2004 to elect members of the Canadian House of Commons of the 38th Parliament of Canada. The Liberal government of Prime Minister Paul Martin lost its majority, but was able to form a minority government after the elections...
.
A prorogation of parliament took place on December 4, 2008, when Prime Minister Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
recommended Governor General Michaëlle Jean
Michaëlle Jean
Michaëlle Jean is a Canadian journalist and stateswoman who served as Governor General of Canada, the 27th since Canadian Confederation, from 2005 to 2010....
to do so after two opposition
Opposition (parliamentary)
Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. Note that this article uses the term government as it is used in Parliamentary systems, i.e. meaning the administration or the cabinet rather than the state...
parties formed a coalition with the support of a third party and threatened to vote non-confidence in the sitting minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
, precipitating a parliamentary dispute
2008–2009 Canadian parliamentary dispute
The 2008–2009 Canadian parliamentary dispute was a political dispute during the 40th Canadian Parliament. It was triggered by the expressed intention of the opposition parties to defeat the Conservative minority government on a motion of non-confidence six weeks after the federal election on...
. The Governor General, however, did not grant her prime minister's request until after two hours of consultation with various constitutional experts. Upon the end of her tenure as vicereine, Jean revealed to the Canadian Press that the delay was partly to "send a message and for people to understand that this warranted reflection." It was also at the same time said by Peter H. Russell
Peter H. Russell
Peter H. Russell is a writer and Professor Emeritus of political science at the University of Toronto, Canada, where he taught from 1958-1997. He was a Member of the Toronto Chapter of Alpha Delta Phi. He was the Principal of Innis College, at the University of Toronto, from 1973 to 1978...
, one of those from whom Jean sought advice, that Canadians ought not regard the Governor General's decision to grant Harper's request as an automatic rubber stamp
Rubber stamp (politics)
A rubber stamp, as a political metaphor, refers to a person or institution with considerable de jure power but little de facto power; one that rarely disagrees with more powerful organs....
; Russell disclosed that Jean granted the prorogation on two conditions: parliament would reconvene soon and, when it did, the Cabinet would produce a passable budget. This, Russell said, set a precedent that would prevent future prime ministers from advising the prorogation of parliament "for any length of time for any reason." Nelson Wiseman, a political science professor at the University of Toronto, wrote of Harper that "no Prime Minister has so abused the power to prorogue."
Harper again advised the Governor General to prorogue Parliament on December 30, 2009. The Prime Minister stated that this was to keep parliament in recess for the duration of the XXI Olympic Winter Games
2010 Winter Olympics
The 2010 Winter Olympics, officially the XXI Olympic Winter Games or the 21st Winter Olympics, were a major international multi-sport event held from February 12–28, 2010, in Vancouver, British Columbia, Canada, with some events held in the suburbs of Richmond, West Vancouver and the University...
to be held in Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
, British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, in February, 2010. The move, however, was suspected by opposition Members of Parliament (MPs) to be a way for Harper to avoid ongoing investigations into the Afghan detainees affair.
Calls for reform in the federal jurisdiction
The prorogations of the federal parliament in 2008 and 2009, and the speculation that such use of the Royal Prerogative had been advised by the sitting prime minister for political purposes, triggered protests2010 Canada anti-prorogation protests
On 23 January 2010 there were numerous protests opposing the prorogation of the 40th Canadian Parliament. The prorogation had occurred a month earlier on 30 December 2009 on the constitutional advice of Prime Minister of Canada Stephen Harper and was officially carried out by Governor General...
in various cities across the country through early 2010.
Within a week after the latter prorogation, the multi-partisan organization Fair Vote Canada
Fair Vote Canada
Fair Vote Canada is a nonprofit, multi-partisan advocacy group for electoral reform in Canada. It is active both federally and in those provinces where there are efforts to reform the first-past-the-post electoral system that is used in Canada...
had gathered the signatures of 132 political scientists to a letter condemning the move and advocating for electoral reform
Electoral reform
Electoral reform is change in electoral systems to improve how public desires are expressed in election results. That can include reforms of:...
. New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
(NDP) leader Jack Layton
Jack Layton
John Gilbert "Jack" Layton, PC was a Canadian social democratic politician and the Leader of the Official Opposition. He was the leader of the New Democratic Party from 2003 to 2011, and previously sat on Toronto City Council, serving at times during that period as acting mayor and deputy mayor of...
called on January 20 and 23, 2010, for limits to prorogation, stating his party would put forward proposed legislative changes that would require a majority vote of MPs for the prorogation of parliament. Five days later, Liberal Party of Canada
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
leader Michael Ignatieff
Michael Ignatieff
Michael Grant Ignatieff is a Canadian author, academic and former politician. He was the leader of the Liberal Party of Canada and Leader of the Official Opposition from 2008 until 2011...
also called for limits to the ability of the prime minister to advise the prorogation of parliament, his plan requiring the consent of the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
, following ten days written notice and debate. Ignatieff brushed off questions about the constitutionality of the proposed changes, saying if new rules are established, governors general "will respect those constitutional conventions" as they always have, adding: "The problem is not with the governor general. The problem is with the Prime Minister of Canada." These proposals echoed the arrangements within the Long Parliament
Long Parliament
The Long Parliament was made on 3 November 1640, following the Bishops' Wars. It received its name from the fact that through an Act of Parliament, it could only be dissolved with the agreement of the members, and those members did not agree to its dissolution until after the English Civil War and...
of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, between 1640 and 1648, which could only be dissolved with the agreement of its members.
The NDP presented a motion
Motion (parliamentary procedure)
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...
to the House of Commons requesting the prime minister not advise the governor general to prorogue parliament for more than seven days unless approved by a majority vote by the lower house. The motion passed on March 17, 2010, by a vote of 139 to 135, but motions are not binding. Five days later, Liberal, Bloc Québécois
Bloc Québécois
The Bloc Québécois is a federal political party in Canada devoted to the protection of Quebec's interests in the House of Commons of Canada, and the promotion of Quebec sovereignty. The Bloc was originally a party made of Quebec nationalists who defected from the federal Progressive Conservative...
, and NDP MPs used their majority in the Commons committee in charge of MPs' privilege and rules to approve an official review of the convention of prorogation, which could require a prime minister to seek approval from the House before asking the governor general to end a parliamentary session.
In a 2009 ruling, however, the Federal Court of Canada
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
found that tampering with the Crown's prerogatives, including prorogation of parliament, could not be done via normal legislation, requiring instead an amendment to the constitution pursuant to Section 41 of the Constitution Act, 1982. Christopher Moore opined in Canada's History that "no great web of new legislation or constitutional procedure is needed to rein in the abuse of prime ministerial powers. Other parliaments around the world regularly see party leaders and prime ministers dumped when their own backbenchers and prime ministers grow tired of them. If our premiers and prime ministers knew that legislatures would rebuke them for abusing parliament (as did the backbenchers in the legislature of 1873), we would not have to worry about rogue prorogations."
In October, 2010, Peter Russell said to the press that he had organized for February, 2011, with the support of Governor General David Johnston
David Johnston
David Lloyd Johnston is a Canadian academic, author and statesman who is the current Governor General of Canada, the 28th since Canadian Confederation....
, a meeting of constitutional scholars, historians, and government officials from various countries in the hopes of finding a consensus on how the Royal Prerogative should be used in future scenarios similar to that which took place at the end of 2008.