Procedure and House Affairs committee  The Prime Minister--and I hope the current Prime Minister will forgive me for saying this--is a creature of convention. The Prime Minister is not really, under our formal constitutional structure, a recognized actor, but he's very much an actor in the real world of politics. And the genius of our system is that it combines the formal world of the Constitution Act of 1867 with the evolution of our political framework and the values that accompany that framework, and that's really done through constitutional convention.

Procedure and House Affairs committee  Strictly speaking, the Governor General always has the power to accept or refuse to dissolve Parliament because that's his or her legal power. However, this power is framed by very strong constitutional conventions according to which the Governor General normally acts on the advice of the Prime Minister.

Procedure and House Affairs committee  Yes, Mr. Guimond, there was a case in 1926 which is well known by political scientists. That is when Governor General Lord Bing refused the request of Prime Minister Mackenzie King to dissolve Parliament and to call general elections. The Prime Minister had to call on the leader of the Opposition, Mr.

Procedure and House Affairs committee  My question is for you, Mr. Newman. You've mentioned section 1 of the Bill referring to subsection 56.1(1) of the Canada Elections Act which bears on the powers of the Governor General. Here is what it stays: 56.1 (1) Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General's discretion.

Procedure and House Affairs committee  Legally speaking, you're right: the Governor General has full power and discretion as far as that is concerned but one must add that this power is framed by conventions that are not legal but rather political.

Procedure and House Affairs committee  We actually didn't consider a Sunday as a possibility. Traditionally federal elections are held on Monday, and if the Monday is a holiday—for instance, I believe in 1984 the election was called in the summer and held on the Tuesday after Labour Day—it is postponed one day. But there was no consideration to put it on Sunday, which is consistent with the tradition of holding federal elections on a Monday.

Procedure and House Affairs committee  I would like to add a comment. Under our Constitution, there are limits to what can be put in a piece of legislation. It would depend very much upon our conventions and our wish to respect our constitutional conventions. In our system, taking into account the principle of responsible government, it would be difficult to go further than what's in this Bill.

Procedure and House Affairs committee  I believe we can, but perhaps I'll have Mr. Newman comment, if you don't mind.

Procedure and House Affairs committee  Thank you, Minister, and to the chair, and Mr. Owen. It will have legal effect. At face value, it's quite clear what the clause is attempting to achieve. It is setting a rule that will, of course, recur henceforth with a tail end that is, in a sense, the start-up of the provision.

Procedure and House Affairs committee  Thank you very much, Mr. Chairman. With me are Warren Newman, who is general counsel for constitutional and administrative law; Kathy O'Hara, deputy secretary to the cabinet, machinery of government; and Dan McDougall, director of operations, legislation and House planning. Good morning, colleagues.

Bill C-2 (39th Parliament, 1st Session) committee  Mr. Chair, we would be of the view that this is no longer necessary, given that this committee has adopted a blanket provision in the Conflict of Interest Act relating to the privileges and immunities of both Houses. So to put this provision in, which says “except as otherwise provided in that Act”, would add confusion.

Bill C-2 (39th Parliament, 1st Session) committee  I'm going to keep this brief, then. You have just voted an amendment to the bill. It contains a blanket clause in relation to a privilege and, on its face, preserves all the privileges and immunities of parliamentarians in relation to the operation of this act. That's a policy decision entirely, and it was put forward, clearly, with the best of motives on the basis of the discussion that occurred before the committee the other day.