When does free speech become treason

[Argus]

HThe 'checks and balances' built into our system have been rendered useless: The big one is that the GG is Commander in Chief of the military ... but can't act independently any more because the PM can just fire him/her.

We have very little protection from tyrants who manipulate the election process: They can gain absolute power.

I don't know if the PM can fire the GG. I rather think not. He doesn't appoint him, after all. He recommends to the monarch that a particular person be appointed GG. The GG represents the monarch in Canada. However, there is nothing stopping the monarch from firing the GG and exercising that power directly. That power, of course, includes calling new elections.

[jbg]

I don't know if the PM can fire the GG. I rather think not. He doesn't appoint him, after all. He recommends to the monarch that a particular person be appointed GG. The GG represents the monarch in Canada. However, there is nothing stopping the monarch from firing the GG and exercising that power directly. That power, of course, includes calling new elections.

Ask Gough Whitlam (link) about that subject.

I am sure that the PM can recommend to the Queen that the GG be replaced. Sometimes the GG turns on the PM that recommended him or her. Ask Gough Whitlam (link) about that subject as well. Excerpt about the GG:

SIR JOHN KERR

The man appointed by Whitlam to the position of Governor-General in 1974 is variously portrayed as a man of principle, a deceiver, an insecure man desperate to make his mark on history, the person who resolved a difficult situation not of his making by remitting it to the people, and a drunk.

Edited May 13, 2013 by jbg

[g_bambino]

I don't know if the PM can fire the GG. I rather think not. He doesn't appoint him, after all. He recommends to the monarch that a particular person be appointed GG. The GG represents the monarch in Canada. However, there is nothing stopping the monarch from firing the GG and exercising that power directly.

The prime minister can't dismiss the governor general on his own; he would have to advise the Queen to dismiss a governor general and on whom to appoint as a replacement. On the other hand, the Queen can't simply dismiss a governor general because she wants to; she must always follow the advice of her prime minister, unless that advice presents some serious threat to the continuity of democratic and responsible government. If a prime minister advised the Queen to dismiss a governor general in the midst of some dispute (as was contemplated by Whitlam in 1975 and (apparently) Harper in 2008), then my suspicion is the Queen would stall on acting on that advice for as long as possible to allow either her representative to take whatever (lawful) action becomes necessary or the politicians to work things out or some combination of both. There's no set formula, though; it all depends on the circumstances.

[jbg]

If a prime minister advised the Queen to dismiss a governor general in the midst of some dispute (as was contemplated by Whitlam in 1975 and (apparently) Harper in 2008), then my suspicion is the Queen would stall on acting on that advice for as long as possible to allow either her representative to take whatever (lawful) action becomes necessary or the politicians to work things out or some combination of both. There's no set formula, though; it all depends on the circumstances.

I strongly suspect that in Whitlam 1975 and Harper 2008 Queen Elizabeth II received a call for "advice." g_bambino & others, thoughts?

[g_bambino]

I strongly suspect that in Whitlam 1975 and Harper 2008 Queen Elizabeth II received a call for "advice." g_bambino & others, thoughts?

It's fairly well documented that in the case of the parliamentary blockage of the budget in Australia in 1975, the Queen was contacted after Whitlam had been dismissed by Kerr. There's some records indicating that Kerr acted when he did, in part, because he got wind of Whitlam's supposed mumblings about having the Queen dismiss Kerr before Kerr could dismiss him and Kerr didn't want the Queen dragged into the matter.

With Harper in 2008: who knows? It was only mentioned in the book Harperland that the PMO considered the possibility of appealing to the Queen if Jean refused Harper's request for a prorogation.

[jbg]

It's fairly well documented that in the case of the parliamentary blockage of the budget in Australia in 1975, the Queen was contacted after Whitlam had been dismissed by Kerr. There's some records indicating that Kerr acted when he did, in part, because he got wind of Whitlam's supposed mumblings about having the Queen dismiss Kerr before Kerr could dismiss him and Kerr didn't want the Queen dragged into the matter.

I have read that the Queen avoided Whitlam's attempts to reach her. I strongly suspect that Kerr reached the Queen before turfing Whitlam.

With Harper in 2008: who knows? It was only mentioned in the book Harperland that the PMO considered the possibility of appealing to the Queen if Jean refused Harper's request for a prorogation.

Again we may never know the answer but I doubt that a GG makes much in the way of decisions on his/her own. That's what monarchs, not vice-regal officials, are for.

[g_bambino]

I have read that the Queen avoided Whitlam's attempts to reach her. I strongly suspect that Kerr reached the Queen before turfing Whitlam.

I have never heard such a thing. The only documented contact with the Queen came after Whitlam had been dismissed; Gordon Scholes, the Speaker of the House of Commons, wrote to the palace the day after, asking the Queen to reverse Kerr's action and restore Whitlam as prime minister. The request was directly addressed--denied--by her, via her private secretary, on the grouds that the constitution granted the power to appoint and dismiss a prime minister only to the governor general.

Again we may never know the answer but I doubt that a GG makes much in the way of decisions on his/her own. That's what monarchs, not vice-regal officials, are for.

Besides those clauses of the constitution that specifically assign powers to the governor general, the Governor General of Canda is furher empowered by the Letters Patent 1947 to carry out all the powers belonging to the sovereign.