Avaaz Interfering In Canadian Elections Again

[scribblet]

The Auditor General Act prohibits the AG from releasing her report (on the G8/20) now, Avaaz

seems not to know this... Jack Layton has written to the AG requesting that she releases the report, she has refused. They are interfering again with our election.

https://secure.avaaz.org/en/canada_save_democracy/?cl=1018900843&v=8868

Edited April 14, 2011 by scribblet

[punked]

The Auditor General Act prohibits the AG from releasing her report (on the G8/20) now, Avaaz

seems not to know this... Jack Layton has written to the AG requesting that she releases the report, she has refused. They are interfering again with our election.

https://secure.avaaz.org/en/canada_save_democracy/?cl=1018900843&v=8868

Kinda...??? There is actually many law experts who think that if all parties agree the speaker can actually table the report.

[ToadBrother]

Kinda...??? There is actually many law experts who think that if all parties agree the speaker can actually table the report.

Could you cite these? The Auditor General is an Officer of Parliament, so I'm not sure how she can release anything when Parliament is not sitting.

[scribblet]

Well, the NDP wrote and was refused, all parties are requesting it but she says no !!

[ToadBrother]

Well, the NDP wrote and was refused, all parties are requesting it but she says no !!

As has been pointed out, she's an Officer of Parliament.

And really, do any of the parties actually want the final report released right now? The Tories will want it kept out of sight because it probably contains some damning findings, and the Opposition doesn't want it released because it probably doesn't contain the early statements suggesting misappropriation and/or illegal activity. As long as two draft versions are hovering in mid-air seemingly telling two different stories, it's both a weapon and a shield. They all know that the Auditor General cannot release the damned thing until there's a Parliament to release it to, but they all feel that they're claims and counterclaims are justified and exonerated by making the impossible demand. All sides have finally found a way to completely politicize the office of the Auditor General.

[punked]

As has been pointed out, she's an Officer of Parliament.

And really, do any of the parties actually want the final report released right now? The Tories will want it kept out of sight because it probably contains some damning findings, and the Opposition doesn't want it released because it probably doesn't contain the early statements suggesting misappropriation and/or illegal activity. As long as two draft versions are hovering in mid-air seemingly telling two different stories, it's both a weapon and a shield. They all know that the Auditor General cannot release the damned thing until there's a Parliament to release it to, but they all feel that they're claims and counterclaims are justified and exonerated by making the impossible demand. All sides have finally found a way to completely politicize the office of the Auditor General.

This article outlines how the report might be released.

http://www.theglobeandmail.com/news/politics/ottawa-notebook/will-auditors-g8-report-postpone-speaker-peter-millikens-retirement/article1980442/

[ToadBrother]

This article outlines how the report might be released.

http://www.theglobeandmail.com/news/politics/ottawa-notebook/will-auditors-g8-report-postpone-speaker-peter-millikens-retirement/article1980442/

I would never presume to debate someone like Franks, but still the Act is pretty clear, and it doesn't really leave room for interpretation. Parliament cannot even be recalled because the writ has been dropped and it is dissolved. There's no one to release the report to.

I have my doubts it will be released.

[punked]

I would never presume to debate someone like Franks, but still the Act is pretty clear, and it doesn't really leave room for interpretation. Parliament cannot even be recalled because the writ has been dropped and it is dissolved. There's no one to release the report to.

I have my doubts it will be released.

I don't think it will either but it could be.

[ToadBrother]

I don't think it will either but it could be.

Milliken is definitely a "by-the-books" guy. From what I've read, this is a guy who buried himself in constitutional theory and parliamentary procedure when he was a teenager. If the act says the report can only be released to a sitting Parliament, I doubt very much that Milliken would stretch things.

[William Ashley]

Kinda...??? There is actually many law experts who think that if all parties agree the speaker can actually table the report.

Those law makers are incorrect.

The proper procedure is two pronged.

1. The governor general can release the information.

2. The governor general can recall parliament for an emergency session for the purpose of the release.

This is not an emergency though, so a disclosure by the governor general -- or a senate commitee would sufice.

Section 38 of the Constitution Act, 1867 provides for the summoning of Parliament: “The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon and call together the House of Commons.”

The “Instrument” consists of two forms of proclamation issued by the Governor General on the advice of the Prime Minister [12] and published in the Canada Gazette. The first form sets the date for which Parliament is summoned (the date can later be advanced or put back). It is issued at the end of the preceding session, in keeping with the principle of the continuity of Parliament, whereby a session ends with provision made for its next meeting. The second form confirms the date and sets the time at which Parliament is summoned to meet for the transaction of business. For example, prior to the opening of the First Session of the Thirty-Sixth Parliament, a series of proclamations was initially issued summoning Parliament to meet on June 23, 1997, then to meet on August 1 and later to meet on August 29, 1997. On August 27, a final proclamation summoned Parliament to meet “for the Despatch of Business” at 11:00 a.m. on September 22, 1997.

The senate still remains functional during elections. That is part of the reason it exists.

The senate constituentcy is the same MP's of the commons are NOT.

MP's from the commons loose their seats when parliament is disolved, the senate does not.

Special” Sessions

A small number of sessions (see Figure 8.1) have been termed “special sessions” in the Debates or Journals of the House of Commons. From a procedural standpoint, there is nothing special about a “special” session. The elements required for the opening and closing of a session are present. If the special session is the first of a Parliament (as occurred in 1930), a Speaker of the House must first be elected.

To clarify members of cabinet ---are not MP's currently if they come from the commons. Their positions come by virture of appointment by the governor general. At any time the GG can "fire or hire" privy council, or present a profolio or duty or task to an individual --- the governor general's powers are mostly granted by letters patent which is law direct from the Monarch. Many canadians don't undertsand the de jure system, and tend to a defacto system that allows for weakenesses and breaches of law for operation.

THE COMMONS DOES NOT EXIST RIGHT NOW ONLY THE SENATE.

This report is not in the special session class

those are: outbreak of WWI, the great depression, WWII, Korea, Middle East war 1957

If china or russia nuked EU or US, or invaded somewhere it might be valid but no the Conservatives embezzling some money is not of that calibre it is a de facto truth that doesn't need to be explored.

The GG could summon the senate to discus the issue but it is nonsense to discus it in a majority conservative senate. The information could be published though by the governor general particularly acting on advice of the Privy Council

IX. And We do hereby require and command all Our Officers and Ministers, Civil and Military, and all the other inhabitants of Canada, to be obedient, aiding, and assisting unto Our Governor General, or, in the event of his death, incapacity, or absence, to such person as may, from time to time, under the provisions of these Our Letters Patent administer the Government of Canada.

XII. And do further authorize and empower Our Governor General, as he shall see occasion, in Our name and on Our behalf, when any crime or offence against the laws of Canada has been committed for which the offender may be tried thereunder, to grant a pardon to any accomplice, in such crime or offence, who shall give such infomation as shall lead to the conviction of the principal offender, or of any one of such offenders if more than one; and further to grant to any offender convicted of any such crime or offence in any Court, or before any Judge, Justice, or Magistrate, administering the laws of Canada, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sentence of any such offender, for such a period as to Our Governor General may seem fit, and to remit any fines, penalties, or forfeitures, which may become due and payable to Us. And We do hereby direct and enjoin that Our Governor General shall not pardon or reprieve any such offender without first receiving in capital cases the advice of Our Privy Council for Canada and. in other cases, the advice of one, at least, of his Ministers

( any report made in good faith by the Auditor General in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast, is privileged.

Constitution 1867.

The AG can release immune if requested by the GG, the GG can request the release without unilateral reserve powers if requested to do so by Privy Council.

Edited April 15, 2011 by William Ashley

[ToadBrother]

1. The governor general can release the information.

2. The governor general can recall parliament for an emergency session for the purpose of the release.

According to the Auditor General she can only release the report to the Speaker of the House. The legislation, so far as I understand it, does not see her reports released to Cabinet, which is the only time the GG would be involved. The GG cannot supersede Parliament and even something like an Order-in-council cannot run counter to legislation passed in Parliament. The GG has no direct power over an Officer of Parliament.

PS. I can confirm that the Auditor General reports directly to the House of Commons:

7. (1) The Auditor General shall report annually to the House of Commons and may make, in addition to any special report made under subsection 8(1) or 19(2) and the Commissioner’s report under subsection 23(2), not more than three additional reports in any year to the House of Commons

Auditor General Act

http://laws-lois.justice.gc.ca/eng/acts/A-17/index.html

The act makes it clear, the Auditor General reports to the House of Commons. The GG and the Senate have no part in this.

Edited April 15, 2011 by ToadBrother