Prime Minister that of Justin Trudeau decision to prorogue Parliament raises questions about how Ottawa can respond to the new Trump administration without the option of legislation – but the government says it still has several powers.
Prorogation means that all legislative activity is suspended until March 24, and any bills that have not yet received royal assent will be abandoned and must be reintroduced in the next session. This includes proposed new spending, such as the $1.3 billion announced last month in the federal government’s new plan. border security plan.
The plan was intended to address concerns raised by the new president-elect of the United States. Donald Trumpwho pledged to impose damaging 25 percent tariffs on all Canadian imports while pushing Ottawa to crack down on cross-border migration and drug trafficking.
A spokesperson for Public Safety Minister David McGuinty told Global News the border security plan contains several measures that do not require parliamentary approval. They include measures already taken by the government, including the end of “flagpoling” and joint border security exercises with provinces and territories, starting with Ontario last Friday.
“Even though Parliament is prorogued, the Cabinet and public service continue to be fully operational,” spokesperson Gabriel Brunet said in an emailed statement.
“We intend to continue our plan to strengthen our border, deepen our collaboration with our American partners and keep Canadians safe.
If Trump follows through on his threat of tariffs, Canada can also impose retaliatory tariffs on U.S. products without parliamentary approval.
The government did not need to pass legislation to retaliate against Trump’s 2018 steel and aluminum tariffs.
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Constitutional experts say this is an example of how the executive branch and government bureaucracy will continue to function normally during prorogation.
“Prorogation does not create an interim government,” Emmett Macfarlane, a political science professor at the University of Waterloo who studies constitutional politics, said in an interview.
“The government has all the usual authority it would have if Parliament were in session to engage in administrative and executive actions. »
This is different from what happens during an election, when Parliament is dissolved and the government “must be limited in what it does outside of matters of public interest or emergency”, added Macfarlane, and that he is also responsible for maintaining the “stability” of the country.
During prorogation, ministers and even the Prime Minister can continue to make announcements on new initiatives or matters of authority, provided they do not require new spending – which must be approved by Parliament – to achieve them.
Agencies like the Royal Canadian Mounted Police, the Canada Border Services Agency and Immigration, Refugees and Citizenship Canada can still undertake improvements to border security and refugee programs with existing funding, provided that no action does not require changing existing legal powers or authorities through new legislation.
The government managed to pass the necessary appropriations to ensure that these and other agencies had funding until March 31 – the end of the current fiscal year – shortly before Parliament adjourned for the winter recess in December .
What is the “Crown Prerogative”?
A 2015 report for the Department of National Defense sets out the legal principle of the “Crown prerogative”, which defines the powers that the executive can use without the approval of Parliament.
The legal report cites foreign affairs, war and peace, treaty making, and defense and the armed forces as examples of where the Crown prerogative can be invoked.
Although the governor general is the representative of the Crown of Canada, the report notes that under Canadian law, the prerogative of the Crown is “exercised at the federal level by the cabinet”, which ultimately holds executive power .
The Library of Parliament says the deployment of the army is also exercised under the prerogative of the Crown, with the cabinet, representing the king, acting as commander-in-chief.
The governor general technically has “personal prerogatives”, including appointing and removing a prime minister or dissolving Parliament. However, the report states that these actions are usually carried out at the request or advice of the Prime Minister.
Another power available to the Governor General is to issue “special warrants” for expenditure, also at the request of the Prime Minister. These can be issued to ensure that government agencies or programs remain funded during an election period, with funds taken from the Treasury.
These expenditures should then be approved through supply motions once the next parliamentary session begins.
Any new initiative funded in this way “would have to address a really pressing concern — and Donald Trump taking some action against Canada would probably count in that vein,” Macfarlane said.
“But at this stage, a good caretaker government will also consult the opposition before taking drastic measures,” he added.
“During a prorogation, the government has a fairly free hand. »
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