Constitutional Reform By Stealth

By proroguing parliament, the prime minister can now run the country even when he doesn’t have the support of the House of Commons.

It appears that a “parliamentary pause” is now part of a prime minister’s arsenal, whether they command a majority in the House of Parliament or not.

Last year, you may remember that Canada’s best-known constitutional scholars took the view that the decision to prorogue, while constitutionally questionable, was a political necessity. Using the strange strategy of short-term retrospective analysis, they assured Canadians that this constitutional anomaly had “worked” because it promoted accountability within the Liberal party while effectively constraining Harper’s tendency to overreach.

One wonders how these experts will square this latest development with their account of the 2008 prorogation. Today it appears we are entering uncharted territory in which the parliamentary institutions that have helped us achieve peace, order, and good government are being discarded in favour of an untested theory of a Canadian unitary executive.

Those who argued that the Governor General’s decision was both constitutionally dubious and politically dangerous a year ago have been proven correct. They warned that overturning principles of responsible government by allowing the prime minister to run from Parliament set a terrible constitutional precedent. Rather than leadership based on the confidence of the House, proroguing Parliament would validate prime ministerial avoidance and undermine representative democracy.

Instead of facing tough questions on the Afghan detainee issue, turning over documents, and accounting for his government’s policies, Harper has shut down Parliament for the second time in two years. If all the opposition party unity of last year was not enough to prevent prorogation, it is hard to see how the Governor General can refuse future requests. Unfortunately, her acquiescence solidifies the rubber stamp theory of the Governor General’s role. This approach makes effective opposition in the House of Commons impossible. Minority governments cannot now be compelled to cooperate by threat of a loss of confidence in the House. Votes can simply be delayed; prorogation is assured.

Yet in a country without a sense of its own history or political system, this travesty is unlikely to mean much. The spin-doctors are already at work suggesting prorogation is a normal part of the parliamentary cycle. Don't be fooled. Minorities don't prorogue – they govern knowing they can be defeated at any time. Or at least they used to.

While some suggest the Governor General is an anachronism or mere ceremonial post, Canadians should think carefully about the dangers of discarding centuries of parliamentary precedent based on principles of responsible government. If change is what is needed, then let us do it out in the open, through debate and deliberation – not executive fiat. Wouldn’t you like to know if we are heading for a republic, dictatorship, or some sort of strange presidential-parliamentary hybrid approach to governance?

As was proven last year, absent a strong parliamentary “guardian,” a constitutionally illiterate population is no match for a motivated political movement. Without an electorate who understands our political system, or a set of strategies to strengthen Canada’s political institutions, it will be hard to contain the unchecked use of executive power by the prime minister.

Having poisoned the well of cooperative coalitions in Canada and debased traditions of responsible government, Stephen Harper is now pursuing constitutional reform by stealth – and it’s becoming increasingly difficult to stop him.