From the CBC:
“Can you fire a Governor General?”
Revelations by CBC News of
unusual spending by Julie Payette and allegations of a toxic work environment
at Rideau Hall have raised questions about the fate of Canada's current
Governor General. Asked last Friday by
CBC News whether her government had confidence in Payette, Deputy Prime
Minister Chrystia Freeland offered support for the Governor General's office
and the constitutional role it plays, but pointedly did not express explicit
confidence in Payette. But what is the process for a governor general to vacate
— willingly or otherwise — the role due to controversy? Are there precedents?
And what role could Buckingham Palace or the Queen play in such a move?
How can a Governor General be
removed? The Governor General is appointed by the Queen on the advice of the
prime minister. An exit from this post can only occur through death or
incapacitation, resignation, or if the Queen, acting on the advice of the prime
minister, removes the Governor General from the role. Experts agree the best
solution — and the most likely solution in a case where a governor general is
embroiled in controversy and the government would like them to depart — would
be a resignation following the prime minister's discreet suggestion. That, in
part, is because firing a governor general would be a nearly unprecedented move
— or, as described by Carleton University associate professor and expert in the
Westminster system Philippe Lagassé, "the nuclear option."m"I
don't think it's going to get there," he said. "I think everybody knows this. It's
probably more trouble to try and get her out than to just try and manage it for
the next three years." Gov. Gen.
Payette has created a toxic climate of harassment and verbal abuse at Rideau
Hall, sources allege Payette is not accused of criminal wrongdoing or
unconstitutional behaviour, he said. "There's just a really bad fit. A
really bad fit isn't necessarily grounds to go to the Queen."
Would Buckingham Palace weigh in
on this current controversy? It's
unlikely, according to experts. "I do not think that Buckingham Palace and
the Queen would themselves initiate anything with respect to a Governor
General,"said Michael Jackson, who's with the Institute for the Study of
the Crown in Canada at Massey College. "I doubt very much that they would
actually take the initiative to do anything about it." The controversy
with Payette is primarily seen as a Canadian issue, Lagassé said. "The
palace would be concerned if it affected the Queen's image in some way,"
he said. "That's not really what we're talking about." "Right
now, as far as they're concerned, it's for Canadians to figure it out." Barbara
Messamore, a history professor at the University of the Fraser Valley who
studies the role of governors general, said any perception that the monarchy
was "meddling on a strictly Canadian issue" would reflect poorly.
Have governors general ever
resigned or been removed due to controversy?
Governors general who have resigned under pressure and request from the
prime minister in the past. For example, in 2003, Australian governor general
Peter Hollingworth resigned after controversy erupted over the way he had
handled sexual abuse claims while he was Archbishop of Brisbane. Jackson,
citing professor Anne Twomey of the University of Sydney, said there are only
three clear cases of governors-general refusing to resign and then being
removed from office by the Queen on the advice of the prime minister. It
happened in two small realms in the Caribbean:
St. Lucia in 1982, and St. Kitts & Nevis in 1981 and 2015.
Otherwise, governors general have been persuaded or forced to resign, he said.
Would the Queen ever refuse the
prime minister's 'advice' to remove the governor general? The Queen almost always goes on the advice
of the first minister, or prime minister. However, Jackson said the Queen could
give pause in the midst of a constitutional crisis. Because the Governor
General has the power to dismiss the prime minister, the Queen could refuse a
request by the prime minister to remove the Governor General if she felt the
prime minister was doing so to try and save their own political career. During the 1975 constitutional crisis
Australia, then-governor general Sir John Kerr removed Gough Whitlam as prime minister.
Jackson said there was speculation at the time that Whitlam might try to get to
the Queen first and remove the governor general.
Does the Governor General have to
serve a five-year term? This is only a
custom, not even a convention, and certainly not a constitutional requirement,
Jackson said. It started with the British incumbents but was not always
followed; many served for six years. This week, a CBC exclusive revealed
hundreds of thousands of dollars have been spent to satisfy Gov. Gen. Julie
Payette's need for privacy at Rideau Hall, but she still hasn't moved into her
official residence almost three years into her five-year mandate. 4:59Former
governors general Vincent Massey, Roland Michener and David Johnston served
seven years, Jeanne Sauvé and Adrienne Clarkson served for six, and Roméo
LeBlanc stepped down after four years for health reasons. Payette was appointed
in 2017.
How fast would the government
have to find a replacement? Following
the resignation or removal of a governor general, the government does not need
to immediately appoint a new one, Jackson said. The chief justice can act as
administrator, as was done for more than a month in 1952 when Lord Alexander
left for England before Vincent Massey was sworn in. "If Mme. Payette leaves, there is some
concern that the PMO will immediately announce a replacement without a
committee process. There needs to be a pause (a) to find a suitable incumbent
and (b) to allow Office of the Governor General
to realign and prepare for someone new," Jackson said by email.
^ It seems we need a new Governor-General
in Canada. This is another crisis that the Liberals have to deal with (the
other being Prime Minister Trudeau’s 3rd ethics investigation in 5
years - in which he was found to have
broken ethics in the first 2 investigations. He should resigned along with
Payette. ^
https://www.cbc.ca/news/canada/julie-payette-governor-general-queen-buckingham-palace-1.5680484
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