The Root of the Problem -- re: 'Taliban' Steve & the Blindly-Trusting Nescient Nation

 

Dear Mr Harris,

 

You wrote a very angry column for ipolitics today- I don't blame you - I'm enraged too.

 

You identified lots of recent example of the symptoms of a "too powerful" Office of PMO/PCO 

 

Here's the Root of the Problem -

-- created by Order in Council in 1940 (scroll down & zoom)

 

 

Consider ...how could the source of Authority (the Constituent Act in Treasury Board parlance) for the "Office of the Clerk of the Privy Council AND Secretary to the Cabinet" be rooted in 1940 as well as 1867?

Privy Council Office

Applied Title

Privy Council Office

Abbreviation

PCO

Appropriate Minister

Prime Minister

Institutional Head

Wayne G. Wouters, Clerk of the Privy Council and Secretary to the Cabinet

Constituent Act

Constitution Act, 1867, s. 130. NB this is incorrect see s.130  see the footnote (66) that says it's "spent"

Order in Council P.C. 1940-1121. att as .pdf

Year of Incorporation

1867

Mandate

To provide professional, non-partisan advice to the Prime Minister and Cabinet; manage the Cabinet's decision-making system (including coordinating departmental policy proposals and conducting policy analysis); arrange and support meetings of Cabinet and Cabinet committees; advance the development of the government's agenda across federal departments and agencies and with external stakeholders; advise on the government's structure and organization; manage the appointment process for senior positions in federal departments, Crown corporations, and agencies; prepare Orders in Council and other statutory instruments to give effect to government decisions; foster a high-performing and accountable public service; and submit an annual report to the Prime Minister on the state of the public service.

Head Office

85 Sparks Street, Room 1000

Ottawa ON  K1A 0A3

Telephone: 613-957-5153

Fax: 613-957-5043

Email: info@pco-bcp.gc.ca

Website: http://www.pco-bcp.gc.ca

 

Contrast this with the mandate for the Constitutional entrenched "Privy Council" s.11

 

Constitution of Privy Council for Canada

11. There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen’s Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General.

NB see s.11 from the plain language version of BNA

Constitution of Privy Council for Canada

11.

There shall be a Council to aid and advise in the Decision-making and management of the administration of Canada, to be called the Queen's Privy Council for Canada; and the Persons who are to be Members of that Council shall be ... chosen and summoned by the Governor General on no fixed schedule and sworn in as Privy Councillors, and similarly Members thereof may be ... removed by the Governor General. (These members swear an Oath of loyalty and secrecy and are then allowed to be "privy" to the innermost details of the administration)

Summary:

 

The PM should NEVER be controlling the PCO.

 

The PM's authority flows from the members of the Lower House not the Crown.

 

The GG's authority flows from the Crown and the Privy Council s/be the GG's INDEPENDENT advisors (ie not populated by the same Party-Disciples as fill the chairs at Cabinet meetings)

 

Recommendations:

 

RESCIND PC 1940-1121 (it's blatantly non-1867Constitution/BNA - in both spirit AND letter)

 

ELECT the GG (perhaps every other General Election, with a term starting 365 days after the return of the Writs)

 

 

See Reversing the Gov Gen's Vasectomy by Stephen(dot)Leacock

 

rce

 

 

 

Robert Ede,     

Direct 416.819.7333

 

 

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"All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident." -Arthur Schopenhauer (1788–1860)