Tuesday, December 02, 2008

The Harperites Are Misrepresenting Our System of Government

In a bid to save their government from defeat and prevent its replacement by a Liberal-NDP coalition with the support of the Bloc, Stephen Harper and his operatives are trying to sell the public a false view of how our system of government works.

It begins with the bogus proposition that Stephen Harper and the Conservatives “won” the recent election and have a mandate to govern.

In fact, in the recent election, the Conservatives won a minority of seats in the House of Commons, 143 out of 308.

Our system of government, known as “responsible government”, holds that for a ministry to hold office it must enjoy the confidence of the House of Commons, i.e. the support of the majority of the members of the House.

In Canada, we do not directly elect our prime minister. The prime minister is an elected member of the House of Commons (in theory, he or she could be a Senator, but this has happened only twice, the last time under Mackenzie Bowell from 1894 to 1896.) The Governor General asks the leader of the political party that commands the support of the majority in the House to form a government. In the case of a minority parliament, the critical issue is which party or combination of parties can command the support of the majority in the House.

Yesterday, when the leaders of the Liberals, NDP and the Bloc, whose parties hold the majority of seats in the House announced their intention to defeat the Harper government and replace it with a Liberal-NDP coalition government with the support of the Bloc, they were playing out their roles within the system of responsible government. And since this move comes early in the new parliament and holds out the promise of stable government for at least the next eighteen months, it is almost certain that the Governor General will call on the coalition to form a government once the Conservatives have been defeated. (The Governor General does have some discretion here, under the rubric of royal prerogative, but considering how recent the election was, it is highly unlikely that she would accede to a request by Stephen Harper to dissolve parliament to call another election.)

The Conservatives are appearing on news shows, talk shows and are organizing rallies putting out the word that what is happening in Ottawa is an attempted “coup”. At the centre of this inane claim is the proposition that Canadians just re-elected Stephen Harper as prime minister and that he has a mandate to govern.

It is true that the Americans directly elect their president and therein lies much of the confusion that is being stirred up by furious Conservatives over their punch bowls. The American Constitution (in my view grounded on a poor understanding of Montesquieu and the British Constitution following the Glorious Revolution of 1688) rests on the notion of “separation of powers”. The Executive Branch, the Legislative Branch (Congress) and the Judicial Branch each occupy their own hermetically sealed space and are protected from undue interference with each other much the way Vestal Virgins were protected in Ancient Rome. To their credit, the Americans have managed to make this ungainly system work with only one Civil War marring its record to date.

The Canadian prime minister is not a quasi-king in the manner of the American president. He or she rises or falls depending on the votes of the majority in the House of Commons. That is what is going on here. What is coming to an end is the rule of a prime minister who thought he was a king. What is coming is a government that actually represents the views of the majority of the members of the House, and for that matter the majority of voters in the recent election.

28 comments:

Anonymous said...

please send this post as an op ed to the Globe and The Star. It's excellent!

Tashi Freeman said...

Hell, send it to the post and see if they'll publish it. That way you KNOW Harper will read it with his morning coffee.

Harper. v. - a move in a game of cloak and dagger in which to give your opponent a sword.

Peter Dodson said...

I think this has been the most flabbergasting thing about the whole thing - how the Cons are misrepresenting our democracy, and how little people seem to know about how our government works.

Pearce said...

Great post. I also think you should send this around to all the major papers.

cls said...

It's sad and scary how easy it is for Conservatives to use ignorance to manipulate how people think.

Jenn Jilks said...

I seldom like to play the What If game, but ...

What If Mr. Harper had managed to fulfill his promise and left it for 4 years to call an election.

Or imagine if the GG had held fast in October and refused to dissolve parliament according to the law of the land.

What are her options at the current time?
-she can refuse to prorogue

After the non-confidence vote Dec. 8th
-she can reuse to dissolve parliament, can't she?
The Gov. Gen's haven't been known for their independent decision-making powers, though!

Anonymous said...

Thanks, I've been shocked at how many people do not seem to understand our system - although perhaps not shocked at how the Conservatives are taking advantage of that.

Anonymous said...

If Harper refuses to allow this coalition to take power, I propose a real coup.

Anonymous said...

Andrew Steel lists the 10 political moves Harper has: http://www.theglobeandmail.com/servlet/story/RTGAM.20081202.WBSteele20081202134134/WBStory/WBSteele/

Ian said...

You know, the Americans don't actually elect their President - the states appoint electors based on which candidate wins the state, and those electors vote for the President. The real difference is that the President serves a fixed term, and that the electors aren't (necessarily) legislators. In theory, the electors could vote for whomever they please...

rgl said...

Well spoken. Harper wants to our president so badly, he has just done his best to destroy the fabric of our country in demonizing the Bloc Quebecois. He lied on national TV about the accord being signed without a Canadian flag present. I saw the flag. He talks about a coup, bullshit!

http://retiredeagle.wordpress.com/

the regina mom said...

Hope it's ok that I'm sending this around to all my family and friends.

Anonymous said...

Your statements as to how the Parliamentary system is completely accurate - however, you haven't discussed the issues that have brought us to this place and what happens if a 'coalition occurs'.

Everyone is assuming that Michaelle Jean will allow this coalition to happen - it's not a done deal. And it's great to say that you don't agree with the position of the Prime Minister, but not having a viable financial platform to put forth (which is what they are basing this non-confidence vote on) does not instill any confidence in this coalition for me either. All this on top of a Liberal party that can't seem to keep itself together and back their leader.

This ‘crisis’ started because the Conservatives proposed to remove governmental subsidies to all the parties (including the Conservatives) as part of their economic plan. An act, by the way, many political analysts think is well overdue – but one that definitely gives the impression of sour grapes (across the board).

There has even been suggestion that Jean could also get the boot (if things don’t move smoothly into this partnership). Jean is appointed, not elected and therefore cannot just be turfed. She really is the key player in this, and if there were to be action to remove her, there would be no question that this about sour grapes and not in the interest of the people.

The NDP and the Liberals couldn't see eye to eye in their platforms fiscally or otherwise during the election, I see no evidence that will change with a partnership. And the 'unanimous backing' of Dion is not comforting for me, when Ignatieff and Rae were all but calling for his head a day after the election.

Not to mention the unprecedented clout that the Bloc will gain in the house and which Duceppe has said can only help Quebec with its goal to separate from Canada. The Bloc will receive upwards of 1.3 billion dollars for Quebec (in addition to their already allocated 8 billion from Ottawa) as part of his signing on to this coalition. He stated clearly that this coalition is good news for a soverign Quebec.

http://watch.ctv.ca/news/latest/power-play/#clip118019

Erik said...

Anonymous (who else?) said:

An act, by the way, many political analysts think is well overdue

Eric said:
That should have said "very few ideological-ultra-right-wing analysts think..", or shouldn't it?

I'm confident the GG will do what is right for all Canadians, including those who are not Conservatives, and those lovely people in Quebec.

Let this new coalition govern!

Anonymous said...

I like seeing the conservatives worried. Harper is so full of crap and the woman who sits behind harper who kept yelling shame on you is as big an idiot especially when he made the ridiculous claim about the flag there she is saying shame on you. Well there was two flags which is not even the real issue. Harper though is very consistent on taking pages from Bushes book on stupidity. He bullies people and now he has to suffer the consequences of his arrogant attitude. Maybe now it will enter his thick brain he is a minority government not the majority as he likes to portray. The taping of the NDp caucus meeting did it for me there should be criminal charges laid.

Anonymous said...

Maybe those talking heads will listen to this, no what I was thinking. Harper is too petty he is going to try and take Canada to the brink of disaster because he is a bully. And he seems to be trying to use American scare tactics on the Canadian people.
I do hope they publish this in the paper though.
There are a lot of people who believe his rhetoric and are afraid because he says to be.

And just what is wrong with the Bloc being part of this, I'm sorry but I learn in school, that if a person is voted in during an election they are part of parliament, and that means they are Canadian last time I looked.
Unless Harper changed the law and Quebec is a separate country and he forgot to tell us about it.

Anonymous said...

People, take a step back.

1. We just had an election in which we rejected the Liberals and specifically the vision of Mr. Dion.

2. The claim our economy is in crisis and needs immediate money is blatantly FALSE. The government has committed to a budget in January. No coalition budget will come before that.

3. This coalition had no intention of working with the Conservatives and hatched this well before the house came back. They ignore the will of the people of Canada.

Let the people vote on their coalition and we will accept the result. Without a vote this is simply a power grab.

Anonymous said...

Actually the will of canadian people was only 38% so harper was not given a majority mandate, why is it you conservatives can't figure that one. Parliament is working as it should, the opposition is doing it's job. Harper with his bullying tactics thinks like some of you that he had complete control now he is finding out he does not. I live in the west and can't stand him. He reminds me of Bush with his shock and awe tactics. Harper lies and it is shown with consistency. He is only worried about his own A!!. There was 4 parties that were given a mandate 3 to oppose him who with the 3 got the majority of votes between them. Harper had he won over over 50% of the vote would then be in a position to scream like you that it was the peoples choice. 38 is not all canadians vote.

Anonymous said...

The only problem with the coalition is the Bloc. The Bloc is only interested in what is good for Quebec and not Canada

Anonymous said...

The Bloc is a problem any way you cut things, so long as the Conservatives and other federalist parties are going to vote against each other to the point of giving the Bloc the balance of power. The Conservatives now can't govern without support from the Bloc, or another party.

Harper is a lame duck, who will not likely pass another bill, even if he does delay the non-confidence vote.

Anonymous said...

To the people calling for a new election prior to any coalition taking power:

There have been a number of coalition governments formed in Canada prior to this one. Can you name one time where a coalition formed after an election went back to the polls prior to taking power?

If you can't find any Canadian examples, feel free to bring in examples from other countries.

Anonymous said...

Thanks you James for some badly-needed clarity! I hope you follow others' encouragement & submit this to editorials, letters to eds, etc! The only addition I would suggest you might make would be to include a bit to make very very clear that this is completely LEGAL and DEMOCRATIC! I keep hearing people talking about how it is an "illegal" & undemocratic move & that seems to be what is bothering people most around here. Your article is so good that, if you included a sentence or 2 about the actual real parliamentary process legality, it might go a long way to helping them understand. Particularly since Harpo himself has been using both the perjorative terms, inaccurately as he knows, but he's playing to the people's fears as usual. Again, thanks! I'm sharing your article (with credits) everywhere!

Anonymous said...

Have fun sleeping with Separatists! I hope we still have a country in 18 months... That is what this hoopla is mostly about, you know: The Bloc being involved. I guess in the blind quest for power that little fact has been left in the dust.

UU4077 said...

Sleeping with the Separatists!? Funny, it was Mulroney that tried to keep the separatists hidden within his PC Party. That eventually failed and we got the Bloc.

The current Conservatives voted to recognize Quebec as a nation!

Harper signed an agreement to bring down the previous Liberal gov't with the help of the Separatists.

And now, because Harper CONTINUES to think he can govern as though he has a majority instead of learning how to govern with a minority he can only govern with the help of the Separatists if the Liberals and NDP vote against him.

Time to let a better type of democracy to occur in Canada.

Anonymous said...

I believe that these are exciting times that we are seeing history in the making. Canadians are no longer burying their heads in the sand hoping that everything will turn out for the best. I say stand up Canada! It is about time we did! We are known for our apathy. Well, we are not being apathetic now! And I am all for not being apathetic any more with all Canadians actively participating in how we are governed.
"Don't blame me, I'm NDP."

cenobyte said...

Great post. Thanks for this!

Anonymous said...

Have fun sleeping with the separatists that comment is a laugh. Your conservatives have done so in the past if they need something and the reality is that it is just BS harper and his cronies is screaming to scare canadians. Like Bush with his WMD give me a break. The conservatives whom were prior PC's are nothing to write home about with there past and present and more than likely future crap they pull off. Harper is responsible for this situation stop demonizing the bloc as if that is the issue here. The bloc is not going to get any closer to separating with or without there support of the coalition. Harpers getting to prorogue till January 26th is disgraceful what will he get come then another 2 months vacation at tax payers expense? He is not capable of leading this country if he was they wouldn't be on a extended vacation again courtesy of US. Conservatives have a hard time telling the truth and feel they can just stomp on everyone well with a minority you can't.

POWER OF H2O said...

You're all retarded...try to look at it objectively...oh you can't because you too have an agenda.