This week the Queen's Representative in Canada must decide whether or not the Opposition's plan to overthrow the sitting Government will pass, creating a precedent in the history of Parliamentary democracy. The fall of Government has come in the midst of a global economic meltdown, and claims for the Coalition of the Opposition comes because of an unacceptance of the Government's economic policies towards the crisis. Below is my legal and personal comments on the issue. Please read the links to articles for background on the crisis in Canada's democratic institutions.
Is this Democratic, well, legally it is, formally it is not.
There is a reason why this has never truly happened with a similar scenario in more than 700 years of Parliamentary democracy in the Commomwealth..how the political system is set up is that in Canada we have a Constitution, but our system is served by Convention, which is common rules and etiquette that are followed so that equity in the function of Parliament exists, Governed by the Queen in times of conflict. So the Governor General is not merely a protector of the Constitution, but also is responsible for mediating Customary laws and Conventions to best benefit the people of the Nation in all Commonwealth states. This is the principle of Parliamentary democracy, which unfortunately is forgotten in exchange for the wishes of the opposition in Canada's Parliament.
What is striking is that the Liberal Party of Canada, one which was always respected in Government and opposition seems to hold power and abuse Convention when it sees fit, but expects the opposition to follow these Conventions when it challenges their right to rule. While PM Stephen Harper may have made an ill decision in this case, the question is not about Harper and the opposition financing, but what is best for Canadians, using not only the Constitution of 1982, but also respecting all Customary laws and Conventions that have existed since the formation of Empire and is the basis of Constitutional laws today. The error Canadians have made is to create a Constitution which failed to represent Customary laws properly, and allowed misguided officials to abuse the Democractic system which we have inherited and has been tested over 700 years.
Customary laws must be considered to a great degree by Governor General Madam Jean. Canada would be alot more democratic if when scandals in the PM's office are discovered such as with the past Opposition's government, that elections take place, but also that the Minister of the office which did the offence resigns as has always been the case in Parliamentary democracy. Ironically, the Liberals lost their hold on power because they broke this norm and the confidence of the Canadian people. Entitlement is a road to dictatorship and failed democracies, and usurping Canadians decisions and votes for the benefit of those who defy Consitiutional norms for their own political benefits is not Constitutionally illegal in the Canadian Constitutional document, but it is against the spirit and traditional of Parliament and the Democratic nature of Canada's political system.
Canadians have and always should have the right to choose who represents them, and if the parties cannot agree and break our traditions of Democracy, then Canadians should be given their right to choose who represents them, with no other excuse in the middle of an Economic crisis. An Election is the only answer to this problem, as Canada belongs to its citzens and not political parties who choose power over Customary norms and laws which are as important to Parliamentary democracy as the Constitution itself.
