Trudeau government lawyers argue over limits to prorogation

Federal government lawyers closed out the week on Friday with a full day defending Prime Minister Justin Trudeau’s call to prorogue Parliament. That call resulted in a challenge that found its way...

Source: Pexels

Author: Alex Zoltan

Federal government lawyers closed out the week on Friday with a full day defending Prime Minister Justin Trudeau’s call to prorogue Parliament. That call resulted in a challenge that found its way to the Federal Court.

The question before the court Friday focused on whether the government has unlimited power to prorogue Parliament, regardless of timing and circumstance.

Lead counsel for the Justice Centre for Constitutional Freedoms, James Manson – who represented the two applicants in the challenge – was concerned the Governor General does not have discretion when it comes to following the Prime Minister’s advice on prorogation. He noted no Governor General has ever declined the request.

“To the applicant’s point,” Chief Justice Paul Crampton said, “there has to be a limit and a safety valve.”

The lead counsel for the Trudeau government pushed back again with a historical counterpoint, noting that then-Governor General Michaëlle Jean demanded Harper provide certain concessions in exchange for agreeing on prorogation in 2008.

The federal government lawyers also stated having the courts intervene in matters or prorogation would exceed their power and presents a “dangerous precedent.”

The challenge to prorogation arose initially due to the timing of the Prime Minister’s decision. Trudeau announced his intention to resign in late March as well as to advise the Governor General to prorogue Parliament during his Jan. 6 “resignation speech,” noting that Parliament was in a state of “paralysis” anyways and that it would give the Liberal Party sufficient time to find a new leader.

Shortly after Trudeau’s announcement, a newly re-elected Donald Trump threatened not only to impose a 25-per-cent tariff on Canadian goods, but also began ramping up threats of turning Canada into the “51st state.”

Crampton, who expedited the case, said on Friday: “No one would dispute that we are facing an unprecedented threat and MPs are unable to ask ministers questions.”

“With respect, that’s true everytime Parliament is prorogued,” the lead counsel for the Trudeau government retorted back to the Chief Justice.

“Parliament was prorogued during World War I and World War II.”

Prorogation isn’t unheard of in parliamentary democracies. Brian Mulroney prorogued three times in his two terms as Prime Minister; Jean Chretien did it four times in just over 10 years, and Stephen Harper prorogued four times in his time in office – facts the Trudeau government lawyers also cited as a justifying historical precedent.

Crampton said both legal teams did “good work” and gave him “much to think about. “ He also said that Canadians should expect a decision on this case well in advance of Mar. 24 (the date at which Trudeau planned for prorogation to cease) to ensure the challenge does not become “moot.”