Conservative Leader Pierre Poilievre said before Christmas that the House of Commons should be recalled now that NDP Leader Jagmeet Singh has vowed to bring forward a motion of non-confidence to take down the Liberal government.
“I will be writing the Governor General asking her to urgently reconvene Parliament and require a non-confidence vote so the prime minister can judge whether he stays in power,” he said. However, the wording in the letter he sent categorically differs in tone and substance. “This chaos cannot continue,” he wrote. “That is why I am asking you to use your authority to inform the Prime Minister that he must either dissolve Parliament and call an election or reconvene Parliament on the earliest day that is not a statutory holiday before the end of the calendar year to prove to you and to Canadians that he has the confidence of the House to continue as Prime Minister. … The Canadian constitution provides that the Prime Minister can only govern as long as he has the confidence of the House of Commons. This is the principle of responsible government on which the legitimacy of our government rests. It is the role of the Governor General to ensure that this constitutional principle is upheld. When the principle is in doubt, as it is now, it is incumbent on you, the Governor General, to confer with the Prime Minister to ensure that he understands his constitutional duty. If he is not willing to fulfil it, it falls to you to act to ensure that he does.”
On the surface, Mr. Poilievre’s reasoning may appear sound, but it overlooks a key principle behind the Governor General’s role. The Governor General, like the monarch they represent, is separate from the political maneuvering in parliament.
In a constitutional monarchy, the monarch serves a ceremonial role, with the real governing authority held by elected bodies and officials. Monarchs act as neutral parties in political matters, providing continuity during changes in government. They often engage in diplomatic duties, representing their countries at state functions and international events, which can help strengthen relationships between nations.
In Canada, the Governor General is the monarch’s non-partisan representative and is appointed by the monarch on the advice of the Prime Minister. The Governor General has four main areas of responsibility: constitutional duties, the presentation of honours, military responsibilities, and ceremonies. The Governor General carries out these constitutional responsibilities guided by the Constitution, established conventions, and the advice of the Prime Minister. (https://learn.parl.ca/understanding-comprendre/en/people-in-parliament/monarch-and-governor-general/)
According to the House of Commons Procedure and Practice, “the decision to recall is taken by the Speaker, after consultation with the government and once the Speaker is satisfied that the public interest would be served by an earlier meeting of the House.” The House currently stands adjourned but is still in session. According to House of Commons rules, it is up to the Speaker to recall MPs when the House is adjourned. The Governor General also has no authority to dictate the House of Commons agenda. When a session stands adjourned, provisions in the House rules allow for a recall earlier than the originally specified date to conduct business that is in the public's best interest. The rule does not refer to other criteria besides best serving the public interest. (ourcommons.ca) Consultation between the Speaker and the government regarding a recall of the House usually begins with a government request made in writing to the Speaker, setting out reasons why it is in the public interest to recall the House. If the Speaker is satisfied, after consulting with the government, that recalling the House is in order, the Speaker will give notice of the day and hours of the resumption of the session. As the country is not facing an imminent crisis at this time, a recall such as Mr. Poilievre is calling for is unlikely.
For the first 70 years after Confederation, the practice was to end the session by prorogation rather than have a lengthy adjournment. In 1940, however, given the uncertainty of wartime, it was deemed advisable to adjourn rather than to prorogue, to enable the House to reconvene quickly if necessary. The House then adopted a motion to adjourn, empowering the Speaker to recall the House if, after consultation with the government, it was concluded that it was in the public interest to do so. Similar motions were adopted in subsequent sessions and became routine when the House adjourned for an extended period.
Prorogation of Parliament results in the termination of a session, but not dissolution. The principal effect of ending a session by prorogation is to terminate business. All unfinished business is dropped from or “dies” on the Order Paper and all committees lose their power to transact business, providing a fresh start for the next session. Bills which have not received Royal Assent before prorogation are “entirely terminated” and must be reintroduced as if they had never existed. Parliament then stands prorogued until the opening of the next session. No committee can sit during a prorogation and members of parliament are released from their duties until Parliament is summoned.
A confidence motion asks all members of parliament to vote on whether or not they have confidence in the incumbent Prime Minister and their party. If the Prime Minister receives the majority of the votes in the confidence motion, he or she continues to govern. If he or she loses the vote or receives a vote of nonconfidence, the Prime Minister must resign or seek the dissolution of Parliament. The Governor General will either invite the opposition parties in the House of Commons to try to form a government through the creation of some form of coalition or will dissolve Parliament and call an election. The election date is then set under the provisions of the Canada Elections Act. With dissolution, all business of the House is terminated. Only the Speaker, the Deputy Speaker and the Members of the Board of Internal Economy continue in office to carry out certain administrative duties until they are replaced in a new Parliament.
Conservative MP John Williamson, who chairs the Standing Committee on Public Accounts, said the committee will meet on Jan. 7 and will consider a confidence motion. Williamson said he will introduce the result of the committee’s non-confidence vote to the House on Jan. 27. He stated in a letter posted to X on December 27th, that parliamentary committees “are a microcosm of the House of Commons,” making it appropriate for its members to begin non-confidence deliberations while Parliament is adjourned.