Prorogation of Parliament
|
|
Prorogation of Parliament
What does “prorogation of parliament” mean?
Each Parliament (which can last up to 5 years) is made up of one or more sessions, each consisting of a number of separate sittings (meetings), separated by periods of adjournment. Each session, except the final one, ends when Parliament is “prorogued” by the Governor General (on the advice of the Prime Minister). The final session ends with the “dissolution” of Parliament and the calling of a general election.
Prorugation is, in essence, suspending the operations of Parliament. However, it is more than an “adjournment.”
- When Parliament is adjourned (or “recessed”), it can reconvene anytime; when it is prorogued, it can only reconvene when summoned back from the Governor General.
- When Parliament is adjourned, business would just continue until Parliament reconvenes. When Parliament is prorogued, on the other hand, most unfinished business dies and committees cease to function. Parliament then stands prorogued until the opening of the next session on a specified date. This date may be changed by a further proclamation. Government bills that have not received Royal Assent prior to prorogation can be reinstated in the next session only if the House takes a decision to this effect. All items of Private Members' Business are automatically reinstated. Tabling of documents before the House must await the beginning of the new session. Requests for responses to petitions and for the production of papers remain in effect, as do requests made for government responses to committee reports.
Adapted from: The Parliamentary Cycle
How often does “prorogation of parliament” actually occur and why?
Technically, the prorogation of parliament occurs several times in each Parliament. This is because it can occur in between all sittings. It is the mechanism by which a sitting is ended. For example, at a Christmas break or summer holiday break. In general, once a government feels that is has accomplished most of its plans from the current session, it requests a prorogation. With a prorogation, the government can then re-cast its plans and agendas, and set a new plan in a new speech from the throne in the next session. It is, however, rare to prorogue parliament for other reasons.
So is the prorogation of December 2009 to March 2010 legal?
Yes. However, a prorogation cannot last longer that one year, as section 5 of the Canadian Charter of Rights and Freedoms: states that: “[t]here shall be a sitting of Parliament […] at least once every twelve months.”
Has the prorogation of Parliament ever before been used for purposes other than the standard one?
Only twice.
- In 1988 Brian Mulroney’s Free Trade Agreement was stalled in Parliament by the Liberals who demanded that an election be held before the legislation be voted upon. Mulroney asked the Governor General to dissolve Parliament and then won a large majority of seats in the November general election. He caused Parliament to be convened on December 12, 1988 for the sole purpose of passing the necessary legislation to implement Agreement prior to the end of the year. Both Houses of Parliament approved of the legislation and Parliament then adjourned to late February, 1989. However, the Conservatives needed more time to organize their government and policies so Mulroney asked the Governor General to prorogue Parliament for another month, until he was ready to face the House of Commons again.
- In 1873, Sir John A. MacDonald and his Conservative government were the subject of investigation by a Parliamentary Committee looking into the scandal surrounding the financing of the Canadian Pacific Railway and bribes being taken by various government Ministers and others. In an effort to thwart the investigation - and to avoid losing a critical vote in the House of Commons - MacDonald prorogued Parliament. This would have the effect of halting the investigation since parliamentary committees may not sit or act while Parliament is prorogued. When Parliament reconvened ten weeks later, MacDonald was censured by the House of Commons. He resigned and the Liberals won the election which then followed.
Adapted from: Davison, Charles B. “Prorugation: A Powerful Tool Forged in History.” LawNow November/December 2009. 13-15.
In situations where there is an imminent confidence vote (such as the fall of 2008), why is “prorogation of parliament” possible – as opposed to the GG calling an election or asking someone else among the MPs to be the PM?
In such situations, prorogation is possible because the vote that would have triggered the loss of confidence in the House has not yet occurred. Until the vote occurs, the government technically still has the confidence of the House and all usual rules apply. One such usual rule is that the PM can ask the GG to prorogate parliament.
Each Parliament is made up of one or more sessions, each consisting of a number of separate sittings (meetings), separated by periods of adjournment. Each session, except the final one, ends when Parliament is prorogued by the Governor General. The final session ends with the dissolution of Parliament and the calling of a general election. The Constitution sets the maximum lifespan of a Parliament at five years; however, recent changes to the Canada Elections Act provide for fixed date elections every four years.
Adapted in part from: The Parliamentary Cycle
When Parliament is progrogued, does this mean that Canada has no government?
No. To the contrary, there is still a government in place.
It is inaccurate to say that there is no government - it is just that parliament is no longer “sitting”. This is something which occurs several times a year, even in the normal course of events (example: the Christmas break).
Adapted in part from: The Parliamentary Cycle
See Also
For more information, see these other Canadian Legal FAQs.
Constitution of Canada
Coalition Government
External Resources
This page was last updated in January, 2010.
Back