Evidence of meeting #11 for Procedure and House Affairs in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was general.
A recording is available from Parliament.
11:55 a.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON
Thank you, Mr. Chair.
I think we're all aware of the fact that the Speaker of the House has the right, indeed the obligation, to inform the Governor General of the House's privileges, and he does so in a ceremonial manner when he attends in the Senate the Speech from the Throne. I think there is a distinction between informing, stating the rights that exist outside the powers of the Governor General, because under our Constitution and that of the British...the crown, while it retains some powers, doesn't have all powers, and laws must be passed by the houses of Parliament and then go to the Queen or the Governor General, as the case may be, for signature. The same thing applies: our legalities are not decided upon by the Queen or the Governor General but by the courts. No money can be spent without the approval of the House of Commons and so on.
That's not advising the Governor General. That's informing her of the fact that we are asserting the rights that exist under our Constitution. Advising is different. Advising relates to the Governor General's exercise of her powers, the powers that actually remain in her hands, the executive powers. I'm genuinely unaware of any cases where the Speaker provides advice.
Going back to Mr. Holder's question, can you provide any examples in Canadian constitutional history or indeed in British constitutional history within the last couple of centuries, or indeed the provincial constitutional history of our provinces, where the Speaker is advising the Queen/Governor General, or Lieutenant-Governor as the case may be, as to the use of the actual powers residing in the executive as opposed to informing her of the other powers that are not within her purview?
Noon
Prof. Errol Mendes
Mr. Reid, thank you very much. I actually think you have answered the question that Mr. Holder was asking as to what the precedents are. That is precisely what I was suggesting: that when one talks about advice....
Let's face it, there wasn't much advice given to the Governor General by the Prime Minister when he prorogued for the second time. It was “Do it”, basically. So the--
Noon
Conservative
Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON
Sorry, but that is advice--you're quite right--and advice is in practice giving an instruction. Formally it's “I think you should do this”, but in fact it's always giving an instruction. The only recourse the Governor General has in a given time is to say, “I reject it, and therefore you're fired as Prime Minister.” That's how the system works, as the conventions are set up.
Noon
Prof. Errol Mendes
Mr. Reid, you are absolutely right on everything you've said, and that's the reason why I think it is sufficient for the Speaker to basically present the Standing Orders to the Governor General so that it is informing the Governor General that this is what the will of the House, of Parliament, is. Therefore, she can then use her reserve powers to reject the advice.
So thank you very much. I think you've reinforced what my position is.
Noon
Conservative
Noon
Voices
Oh, oh!
Noon
Conservative
The Chair Conservative Joe Preston
I feel the love.
Mr. Holder first, and if there is time, I'd like one question too, if we could.
Noon
NDP
David Christopherson NDP Hamilton Centre, ON
And I just want to place a quick motion, if there is time, Chair.
Noon
Conservative
Ed Holder Conservative London West, ON
Some of you who sit in committee with me know that I have a Cape Breton mother.
I'll tell you, Professor, you have more opinions than she does, and that takes some doing. I say that with great regard.
Another one of your opinions was when you declared the members opposite as “the coalition”. I'd like to defend them, if I could--but you have given them a formal title, and that's your opinion, I know.
Noon
An hon. member
We'll take it.
Noon
Conservative
Ed Holder Conservative London West, ON
Through the chair, yes, because they are interrupting me, Chair.
Here's my question for you, if I can. I want to come back to the question I asked. I would appreciate it if you would undertake to provide a formal response as well of your comments. Give us a letter so that I can get some context for this, because, if you don't mind, you're a professor and you research things and you'll do this thoughtfully.
I asked you, and apparently my preamble was a little long so I didn't give you the chance to properly answer--
Noon
Conservative
Ed Holder Conservative London West, ON
You gave your opinion that the Speaker has the power to advise the Governor General. I asked you where, in Canadian parliamentary history, was the precedent.
Noon
Prof. Errol Mendes
Mr. Reid just answered your question, that essentially the Speaker has the ability to inform the Governor General—
Noon
Conservative
Noon
Prof. Errol Mendes
The—
Noon
Conservative
Ed Holder Conservative London West, ON
Not where you give your opinion that it might be possible. Where is the precedent that it has been actually done, sir?
Noon
Prof. Errol Mendes
I keep on answering the same question. I think Mr. Reid has answered you.
Noon
Conservative
Noon
Prof. Errol Mendes
The Speaker has the ability, and has done on many occasions, to inform the Governor General of the way in which the...and he's says it's ceremonial, but it could easily extend to basically informing the Governor General of what the Standing Orders are all about.
Noon
Conservative
Ed Holder Conservative London West, ON
But it's not supposition. I'm asking you....
Perhaps what I'll do is I'll ask you to take that back, research it, and could I, through the chair, ask you to bring back a formal response not of what could be but what has been? That's what precedent means.
Could I ask you, please, sir? Thank you.
Noon
Conservative