Who can form a government?
Posted by Don McLenaghen on May 1, 2011
First the formation of a government….
After an election, the Governor General asks the leader of the party with the largest number of seats if he(/she?) believes they can secure the confidence of the parliament. Obviously in a majority situation it’s a given; however in a minority situation some negotiation may need to take place before a positive answer can be given. When the ‘major’ party believes it cannot gain this confidence, the GG will then give the ‘runner-ups’ an opportunity to meet the standard of confidence. The Confidence of the house is simply the majority of MP’s supporting government either directly in a non-confidence vote (ie. The majority reject this motion) or indirectly by the failure to pass the budget, however the recent government (not uniquely but more frequently) have declared other bill-votes to be votes of confidence in an attempt to browbeat the opposition so as to pass said legislation.
What is the difference between minority and coalition government?
A minority government is one where a party forms a government while not having a majority in parliament but maintaining the confidence of the majority of MPs in parliament. We have a long history of minority governments with the first occurring in 1873 and twice the ruling party changed without an election (1873: Conservative to Liberal and 1926: Liberal to Conservative). There are two kinds of minority rule – arrogant or cooperative.
The Arrogant minorities tend to have a short life span as we have seen with Arthur Meighen (who lasted about 6 months) or Diefenbaker (who lasted less than 5 months). This form attempts to implement their party platform irrespective of what the majority of parliament wishes, where they attempt to balance the opposition’s aversion for another election against aversion of the government’s legislation. In this way, Harper has proven quite adept; manipulating the electoral fears of the opposition so as to pass far more regressive conservative (neo-con?) legislation that one would think possible. Of course his domineering control of the conservative party, his totalitarian control of the ‘media message’ (helped by the absence of a pluralistic press) and his contempt for parliament (for which the government ultimately fell) and the democratic processes has helped him push his extremist agenda…sorry, for the rant however true it may be.
The Cooperative minority is one that acknowledges the opinion of the nation is mixed…that it likes policies from some most/all the parties and a responsible Prime Minister should attempt to push legislation that is supported by the majority of the population regardless of the originating party. The greatest of these PM’s probably was Lester Pearson during whose tenure as PM we saw the adoption of such great advances the current Canadian Flag, the creation of universal Health Care, Canadian Student Loans and Canada Pension Plan.
A Coalition government is one where two or more parties form a government which can maintain the confidence of the majority of MPs in parliament. Canada has never had a coalition government (although during WWI, some liberal members joined the Borden Government however, the Liberal party officially declined the offer of coalition). As of yet Finland has never had a majority government, Israel, India and Germany regularly rely on coalitions and currently England has a coalition government.
Recent claims by the Conservatives that the Liberals-NDP planned to form a coalition government WITH the Bloc is incorrect (a lie?). The coalition was comprised of the Liberals (who would get 18 ministries) and the NDP (who would get 6 ministries); the Bloc only offered support so that when the Lib-NDP leadership approached the GG they had a credible claim to have the confidence of the house. By this standard, the Bloc was in a coalition with Harper’s Conservatives government.
Do we elect our Prime Minister?
Yes and no…technically the Prime Minister is simply the leader of the house…the leader of the house is simple any individual who can command the confidence of the house. The office of Prime Minister is not defined in our Constitution; in fact the PM is only referenced indirectly as the person responsible for organising Constitutional Conferences (to amend the constitution). Unlike our American neighbours whose presidential powers are explicitly outlined, we rely on history and precedent to define the PM’s powers and role (there is also a large degree the willingness or acquiescence of the public/parliament to accept changes for example the recent decision of to officially refer to government projects not as “the Canadian government” but as “the Harper government”…something I find very disturbing and wrong but something that seems to disappear for the headlines due to other Conservative scandals.
In fact all ministers and their portfolios of responsibility are defined by constitutional convention or the whim of the PM themselves. By convention, the leader of the party that holds the confidence of parliament is the PM; usually this is a member of the House of Commons but on occasion are not (John Abbot and Mackenzie Bowell were senators while PM). As well; on several occasions’ ministers of the crown were not elected members of government at all, although this is seen as extreme and against convention. On occasion, governments have had ministers of the crown who only later became MPs and often senators have been ministers with portfolio.
The PM serves “At her majesties pleasure”, meaning that unless a PM resigns, dies or is dismissed by the GG (or Queen), they remain PM even if they or their party loses an election. If a PM party loses a majority, they may still remain PM if they can command the confidence of the house. They may also be dismissed by the GG who will then ask the leader of the majority party (or the leader who can command the confidence of the house) to form the government.
Why are elections called?
An election is called by three mechanisms; firstly in our constitution a government cannot hold power longer than 5 years before an election MUST be called. As well as the Canada Elections Act (CEA) states that a general election is to take place on the third Monday in October, in the fourth calendar year after the previous poll, starting with October 19, 2009. The CEA however can be amended at any time so has little effective weight as our current election shows.
Under parliamentary rules, the prime minister can ask the Governor General to dissolve Parliament but the Governor General can refuse the request. This precedent was set in 1926 when William Lyon McKenzie asked the GG to dissolve the parliament but Lord Byng refused and gave the Conservatives a chance. When Paul Martin was in a minority situation after the 2004 election, Harper drafted an agreement between the opposition parties (including the Bloc) to approach the GG to form a government. In 2008, the shoe was on the other foot and the NDP and Liberals signed an agreement to form a coalition; this was avoided by the unusual act of prorogation of parliament.
For those who do not know, prorogation is ending one session of parliament and starting a new one without calling an election traditionally done to allow MP’s to engage their constituency. In modern times, the length of the first ‘session’ of parliament is around 6 months to a year. Harper has the record for the both the shortest session, 17 days, and also the earliest call for Prorogation after an election… 51 days.
Lastly, an election is triggered whenever the sitting government loses the confidence of the parliament. As mentioned before, this can occur by a direct motion of non-confidence or the failure to pass a moneyed bill (such as the budget). Technically, any bill can be declared a confidence vote by the sitting government, but only a motion of non-confidence can be moved by the opposition to defeat a sitting government. It is interesting to note that a third motion may become an automatic non-confidence motion resulting in the defeat of the government; that is a motion of contempt of parliament. Technically that was the motion that caused the Harper government to dissolve parliament and request the GG to call for an election. In the future it may become constitution convention that to be found in contempt of parliament is to also be fired as government…as so it should be.
 I have excluded session a) 1873 which was only to call an election, b) only enacted the War Measures Act in 1914 c) the declaration of war on Germany in 1939, and d) 1930 for no good reason at all!