THE GOVERNOR GENERAL INACTION AND THE CONSTITUTIONAL CRISIS CREATED BY THE HARPER PMO- SEN. DUFFY AFFAIR By his inaction in the Harper PMO Duffy Affair, David Johnston is placing Canada in a Constitutional crisis. Canada is a constitutional monarchy, where the duties of head of State and head of Government are distinct. Canada’s Parliament consists of three parts: the Queen, represented by the governor general; the Senate and the House of Commons. The Letters Patent Constituting the Office of the Governor General and Commander-in-Chief of Canada (1947) authorize the governor general of Canada to exercise powers and responsibilities belonging to the Sovereign, with the advice of members of the Privy Council. The governor general is (in theory) non-partisan and apolitical. Here, in the Harper PMO Duffy Affair, 15 persons having business with the Government of Canada, including Mr. Wright, Mr. Duffy, and Mr. Harper of course, along with 12 other persons in her majestys Senate or the Prime Ministers Office, are involved together and suspected of breaching section 16 of the Parliament of Canada Act. It falls on the duties of the Governor General of Canada to see to it that such a breach involving both the Senate and the House of Commons is mitigated and stopped. The GG must ensure that no further threat to the proper conduct of business under the Parliament of Canada Act can continue and that the basis for democratic confidence is restored by way of measures to suspend the 15 persons involved until such time as the guilt or innocence of the individuals is established in a court of law. Canadians wonder if David Johnston takes any of his legal obligations seriously. His Constitutional Standing as the guardian between the two houses of Parliament is not be taken lightly; but does he take it seriously? Equally important is the question of his ability to be non-partisan and to actually have the will to execute his Constitutional duties. Many question his impartiality. By failing to suspend the Harper Government as well as Conservative Members of the Senate who are accusable of breach of Section 16, of the Parliament of Canada Act, Johnston has placed Canada in a serious Constitutional bind. It’s the entire Parliamentary System that is at stake. The Breach of section 16 of the act is very serious. It’s a threat to our Parliamentary System and given this threat that undeniably exists to the Parliament of Canada Act and integrity of the Canadian Parliamentary system, it is up to the Governor General of Canada to exercise his letters patent with the expected due diligence and force needed to eliminate the threat. Measures by the GG should include possibly having the Harper Government to either resign and call an election without delay; or to for the GG to replace the Harper Government. Such a replacement could include an NDP-Liberal Coalition resulting from a multilateral agreement between the parties or one of the parties in opposition. Inaction by David Johnston to date, places Canada in a Constitutional Crisis that is clearly unacceptable. There has clearly been a breach of section 16 of the Parliament of Canada Act and the duties of the Office of the Governor General demand that action towards rectification be taken. A law that is not enforced is no longer a law. Surely the Parliament of Canada Act is an act to be enforced. Inaction by Johnston as GG to suspend the 15 individuals involved in the affair is like saying that the Parliament of Canada Act and the Canadian Constitution no longer have force of law in Canada. Will he give credence to his critics who have remarked that he was given the post of GG for being such a patsy in the Airbus affair or will he show Canadians that they have a Governor General?
Posted on: Wed, 27 Nov 2013 12:21:25 +0000
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