re: ex-Lt Gov's defense - "the Queen can do no wrong"

 

Dear Editors & CP,

Thank you for "Quebec's ex-lieutenant-governor claims royal privilege" which I spotted from the Windsor Star on Bourque.com.

The position of Marc Labelle (lawyer for Lise Thibault, Quebec's former lieutenant-governor) that the person holding office as a Provincial Deputy of the Governor General, acting under BNA/Constitution 1867 s.14 is indivisible from Her Majesty is laughable!

I can only guess at the enormity of the person or thing that the former Lt Gov is hoping to conceal/protect (for a while) by advancing this defense.

14. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time to appoint any Person or any Persons jointly or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function.

To my view, s.14 says the authority to appoint Deputies is a "thinks fit" option, the appointment of a particular Deputy may/may not be subject to unique and non-uniform limitations and the appointment of Deputies "shall not affect" the GovGen him/herself

To pretend that the person holding:

1) a perhaps-limited/directed office of Time-to-Time Lt-Gov appointee;

2) in one of Ten+Three Canadian jurisdictions;

3) whose powers/office may be withdrawn by the Gov Gen "at pleasure";

and

4) whose delegated, Lt Gubernatorial powers do not affect the "Power, Authority or Function" of the Officeholder granting that Lt Gov his/her appointment;

is EQUAL to the Monarch's office is folly.

Further, with reference to the "little-used common-law statute that states that "the Queen can do no wrong"", I think the student of little-used statues will find that this principle is an aspect of Ministerial Responsibility (post Glorious Revolution 1688) where in exchange for the Monarch agreeing to rubber-stamp any Bill or Order from Her Westminster Privy Council-of-the-Day, that in the event a policy/Bill/Order/decision had to be reversed, the Minister (or the whole Privy Council) who gave that "Bad Advice" to HM, agreed to instantly resign because while "the Monarch can do no wrong", S/He can be presented with lousy/short-term, all-political recommendations that S/He is bound to approve under the un-written constitutional conventions of the U.K..

In contrast, the "similar in principle"(ie NOT the same) Canadian situation is much different -the rules are written for one thing - and s.55 is quite clear,

55. Where a Bill passed by the Houses of the Parliament is presented to the Governor General for the Queen's Assent, he shall declare, according to his Discretion, but subject to the Provisions of this Act and to Her Majesty's Instructions, either that he assents thereto in the Queen's Name, or that he withholds the Queen's Assent, or that he reserves the Bill for the Signification of the Queen's Pleasure.

the Gov Gen has (and Lt Gov's have) three choices: Assent, Withhold Assent or Reservation for Signification (2 years -failing such approval the Bill expires). All three are final, cannot be appealed in Canada and are available to the GovGen (Lt Gov's s.90) as an individual (s.12 also is quite clear -especially when contrasted with s.13  -Provincially s.65 vs s.66))

All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone

12.All Powers, Authorities, and Functions which are legally vested in or legally exerciseable by the existing Governors or Lieutenant Governors of the existing Provinces, irrespective of whether these powers are to be used (a) with the Advice, or (b) with the Advice and Consent, of the existing Provincial Executive Councils, or any Members thereof ... or (c) by those Governors or Lieutenant Governors individually, shall, ... be vested in and exerciseable by the Governor General in relation to the new Dominion on the same basis, namely (a) with the Advice or (b) with the Advice and Consent of the Queen's Privy Council for Canada, or any Members thereof, or (c) by the Governor General individually, as the Case requires. These powers are still subject (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada. (7)

From the Plain Language version of Canada's BNA/Constitution 1867

Red indicates modifications,

... indicates deletions,

(text) is commentary,

Green indicates noteworthy & as-written (tho' some might not believe it)  

Justice Dept Version of BNA 1867 Executive Powers Sections

In this 60th Jubilee year, I encourage the Court's examination of the Sovereign immunity defense and the principle of Ministerial responsibility as raised in this CP news story.

I can only hope that this letter might shed some light on the abuses of power and self-interest advantages being exploited by our "Stewards of the Canadian Crown" that lurk in the dark shadows that lie right under our noses.

rce