Procedure and House Affairs committee  We don't know that. I simply offered my opinion as to what would have been appropriate to discuss or not.

Procedure and House Affairs committee  I do not know what was discussed at that meeting.

Procedure and House Affairs committee  Yes, the fact that the request was bounded in that way and that there was a commitment for a confidence vote was essential. Had the Prime Minister not made that commitment, I do not think the request should have been granted. Moreover, if, let us suppose, on January 25 the Prime

Procedure and House Affairs committee  I hadn't contemplated that. The Governor General takes advice from her appointed advisers. That is the person to whom she must look. She obviously has to look to the surrounding circumstances to see whether there's doubt as to whether the Prime Minister enjoys the confidence, a

Procedure and House Affairs committee  Thank you.

Procedure and House Affairs committee  First of all, I don't think it's a big problem; it's a matter of judgment. On balance, is it better or not that she write reasons? If she were to write reasons, those would have to be drafted by others. Those reasons would, however, then become controlling, because everyone wou

Procedure and House Affairs committee  Right, but those don't have controlling effect; those are merely submissions or briefs. Ultimately, it is the legislation that is produced—the result of that submission—that is controlling and binding. It is what the statute says, as enacted by Parliament or by the legislature.

Procedure and House Affairs committee  I think it was very important that it was in writing. In my view, if there had not been a written agreement, then it was not really a matter that the Governor General ought to have taken very seriously. It is only because it was in writing that I think it was a matter of signific

Procedure and House Affairs committee  That's the difficult judgment that has to be made. But given the fact that it was in writing, that it was for a period of 18 months, it seems to me plausible to conclude that the government in fact would have survived for 18 months. We don't know that. Mr. Dion may well have been

Procedure and House Affairs committee  I think in principle it's difficult to apply principles that might reply to a request for dissolution to one for prorogation, because they're quite different, as we know, and as you know and you're suggesting. In the dissolution situation, the Prime Minister is saying, “I want a

Procedure and House Affairs committee  Some commentators have made that proposition, and indeed Mr. King in 1926 immediately resigned upon the Governor General refusing his request. It's not clear to me that the Prime Minister would necessarily be required to resign. It would depend upon the discussion between the Gov

Procedure and House Affairs committee  I do not see why the Prime Minister should have resigned at that moment. He could have, but the House was to meet on the following Monday. I assume the results would have been that the House would meet, there would have been a vote taken, and as a result of that vote the governme

Procedure and House Affairs committee  I think it's a bad idea because it would be an attempt to set the reasons as to why the Governor General exercised her power at that time. The Governor General is not trained in matters of state. She does take advice; however, it seems to me that any set of reasons would necessar

Procedure and House Affairs committee  I haven't read the law clerk's submission on that, but it seems to me you would be faced with a situation where somehow legislation would say the Prime Minister may not seek a prorogation. There would have to be some kind of clause to say that nothing in this law limits the power

Procedure and House Affairs committee  You would have to say it, otherwise it would give rise to the possibility that it would be a constitutional amendment. Indeed, that is what the provisions were in the fixed date election law that was enacted in 2008. The law said there shall be an election on a certain date in 20