Saturday, October 2, 2010

The Role of The Governor General of Canada.

Role


Further information: Monarchy of Canada > International and domestic aspects



The Lord Tweedsmuir gives the Throne Speech at the opening of the third session of the 18th Canadian parliament, 27 January 1938

because your Governor-General is in the service of the Crown, he is, therefore... in the service of Canada... [A]loof though he be from actual executive responsibility, his attitude must be that of ceaseless and watchful readiness to take part... in the fostering of every influence that will sweeten and elevate public life; to... join in making known the resources and developments of the country; to vindicate, if required, the rights of the people and the ordinariness and Constitution, and lastly, to promote by all means in his power, without reference to class or creed, every movement and every institution calculated to forward the social, moral, and religious welfare of the inhabitants of the Dominion



Governor General the Marquess of Aberdeen, 1893As Canada shares its monarch equally with fifteen other countries in the Commonwealth of Nations and the sovereign lives predominantly outside Canada's borders, the governor general's primary task is to perform the sovereign's constitutional duties on his or her behalf, acting within the principles of parliamentary democracy and responsible government as a guarantor of continuous and stable governance and as a nonpartisan safeguard against the abuse of power.[43][44][45] For the most part, however, the powers of the Crown are exercised on a day-to-day basis by elected and appointed individuals, leaving the governor general to perform the various ceremonial duties the sovereign otherwise carries out when in the country; at such a moment, the governor general removes him or herself from public,[n 5] though the presence of the monarch does not affect the governor general's ability to perform governmental roles.



Past governor general the Marquess of Lorne said of the job: "It is no easy thing to be a governor general of Canada. You must have the patience of a saint, the smile of a cherub, the generosity of an Indian prince, and the back of a camel,"[49] and the Earl of Dufferin stated that the governor general is "A representative of all that is august, stable, and sedate in the government, the history, and the traditions of the country; incapable of partizanship, and lifted far above the atmosphere of faction; without adherents to reward or opponents to oust from office; docile to the suggestions of his Ministers, and yet securing to the people the certainty of being able to get rid of an Administration or Parliament the moment either had forfeited their confidence."[50]



 Constitutional role

Further information: Monarchy of Canada > Federal constitutional role

Though the monarch retains all executive, legislative, and judicial power in and over Canada,[51][52] the governor general is permitted to exercise most of this, including the Royal Prerogative, in the sovereign's name; some as outlined in the Constitution Act, 1867, and some through various letters patent issued over the decades, particularly those from 1947 that constitute the Office of Governor General of Canada;[53] they state: "And We do hereby authorize and empower Our Governor General, with the advice of Our Privy Council for Canada or of any members thereof or individually, as the case requires, to exercise all powers and authorities lawfully belonging to Us in respect of Canada."[54] Amongst other duties, however, the monarch retains the sole right to appoint the governor general.[7] It is also stipulated that the governor general may appoint deputies—usually Supreme Court justices and the Secretary to the Governor General—who can perform some of the viceroy's constitutional duties in her stead,[55] and the Chief Justice of the Supreme Court (or a puisne justice in the chief justice's absence) will act as the Administrator of the Government upon the death, removal, incapacitation, or absence of the governor general for more than one month.[56]



It is the governor general who is required by the Constitution Act, 1867, to appoint for life persons to the Queen's Privy Council for Canada,[57] who are all theoretically tasked with tendering to the monarch and viceroy guidance on the exercise of the Royal Prerogative. Convention dictates, though, that the governor general must draw from the privy council an individual to act as prime minister – in almost all cases the Member of Parliament who commands the confidence of the House of Commons. The prime minister then directs the governor general to appoint other members of parliament to a committee of the privy council known as the Cabinet, and it is in practice only from this group of ministers of the Crown that the Queen and governor general will take direction on the use of executive power;[58] an arrangement called the Queen-in-Council or,[52] more specifically, the Governor-in-Council. In this capacity, the governor general will issue royal proclamations and sign orders-in-council. The Governor-in-Council is also specifically tasked by the Constitution Act, 1867, to appoint in the Queen's name the lieutenant governors of the provinces (with the premiers of the provinces concerned playing an advisory role),[59] senators,[60] the Speaker of the Senate,[61] supreme court justices,[62] and superior and county court judges in each province, except those of the Courts of Probate in Nova Scotia and New Brunswick.[63] The advice given by the Cabinet is, in order to ensure the stability of government, typically binding; both the Queen and her viceroy, however, may in exceptional circumstances invoke the reserve powers, which remain the Crown's final check against a ministry's abuse of power.[n 6][64]



The governor general alone is also constitutionally mandated to summon parliament. Beyond that, the viceroy carries out the other conventional parliamentary duties in the sovereign's absence, including reading the Speech From the Throne and proroguing and dissolving parliament. The governor general also grants Royal Assent in the Queen's name; legally, he or she has three options: grant Royal Assent (making the bill law), withhold Royal Assent (vetoing the bill), or reserve the bill for the signification of the Queen's pleasure (allowing the sovereign to personally grant or withhold assent).[65] If the governor general withholds the Queen's assent, the sovereign may within two years disallow the bill, thereby annulling the law in question. No modern Canadian viceroy has denied Royal Assent to a bill. Provincial viceroys, however, are able to reserve Royal Assent to provincial bills for the Governor General; this clause was last invoked in 1961 by the Lieutenant Governor of Saskatchewan.[66]



Ceremonial role

Further information: Monarchy of Canada > Cultural role

With most constitutional functions lent to Cabinet, the governor general acts in a primarily ceremonial fashion. He or she will host members of Canada's royal family, as well as foreign royalty and heads of state, and will represent the Queen and country abroad on state visits to other nations,[67][64] though the monarch's permission is necessary, via the prime minister, for the viceroy to leave Canada.[68] Also as part of international relations, the governor general issues letters of credence and of recall for Canadian ambassadors and receives the same from foreign ambassadors appointed to Canada.



The governor general is also tasked with fostering national unity and pride.[69] One way in which this is carried out is travelling the country and meeting with Canadians from all regions and ethnic groups in Canada,[67] continuing the tradition begun in 1869 by Governor General the Lord Lisgar.[70] He or she will also induct individuals into the various national orders and present national medals and decorations. Similarly, the viceroy administers and distributes the Governor General's Awards, and will also give out awards associated with private organizations, some of which are named for past governors general.[67] During a federal election, the governor general will curtail these public duties, so as not to appear as though they are involving themselves in political affairs.



Although the constitution of Canada states that the "Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen,"[10] the governor general acts in her place as Commander-in-Chief of the Canadian Forces and is permitted through the 1947 Letters Patent to use the title Commander-in-Chief in and over Canada.[9][15] The position technically involves issuing commands for Canadian troops, airmen, and sailors, but is predominantly a ceremonial role in which the viceroy will visit Canadian Forces bases across Canada and abroad to take part in military ceremonies, see troops off to and return from active duty, and encourage excellence and morale amongst the forces.[9] The governor general also serves as honorary Colonel of three household regiments: the Governor General's Horse Guards, Governor General's Foot Guards and Canadian Grenadier Guards. This ceremonial position is directly under that of Colonel-in-Chief, which is held by the Queen. Since 1946, the governor general has also always been made the Chief Scout of Canada, a position that some viceroys have taken seriously.