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AN OPEN LETTER TO CANADA CONCERNING THE PROROGATION OF PARLIAMENT AND
MR. HARPER’S UNACCEPTABLE AND DESPARATE USURPATION OF POWER.

I am writing to suggest a potential solution for the prorogation
issue. Considering the circumstances of the world economic crisis and
the rapidly worsening US situation, with its continued attempts at
covering up its own role and true circumstances in that crisis, and
considering the obvious expressions of support for Mr. Harper and his
Conservative minority from the United States, including derogatory
remarks as to United States concern about “the constitutional
psychodrama” exceptional action needs to be taken in Canada against
Mr. Harper’s unprecedented usurpation of parliamentary power. Canada,
and the well being of its people, subjects of Her Majesty Queen
Elizabeth II, cannot afford to follow America’s failing and faltering
socio-political, and economic footsteps to disaster. Canada must act
on its own, declaring its full independence from American influence,
innovatively and proactively, inclusive of realignment of Canadian
interests with other nations, other than the United Sates of America,
where that favors the uniquely Canadian situation. Mr. Harper,
operating under American influence, and in keeping with what are
clearly American interests, cannot be allowed to succeed in delaying
more necessary parliamentary action in the continuing and worsening
crisis. Although Mr. Harper might be secretly giving allegiance to the
United States of America and its government deceptions and failed
policies, Canada does not share his false loyalties. It is the
writer’s opinion that this must now be made clear to Her Majesty, with
the majority of the duly elected parliament, forming the Coalition,
petitioning the crown for due recourse. Mr. Harper has already shown
that he marches to an American fife and drum, and is out of step with
Canadian needs.

I have written to Mr. Jack Layton, NDP party leader, Mr. Stephane
Dion, Liberal party leader and Mr. David Christopherson, NDP member
from Hamilton, via email, to the Liberal and NDP party organizations,
via fax and email, as well as to  the the Governor General in support
of the coalition and copying the following suggestion as to possible
resolution of the prorogation issue:

It is easily arguable that Canada’s governing party, the Conservatives
under Mr. Harper’s leadership have acted wrongfully in seeking
prorogation of parliament to avoid a valid non confidence motion.

The intent of prorogation would seem to be the equivalent of an act of
parliament to be decided by the governing party, with the prime
minister acting merely as messenger. Whether all of the members of the
governing party would agree with the action might easily be in doubt.
No vote is actually recorded. Can a prime minister act on his own to
prorogate parliament and specifically to avoid a non confidence
motion ?  It is doubtful that that was the formal intent of the law.
Certainly sound reason and logic go against that conclusion as
legislators and particularly constitutional legislators would never
seek to cripple a government, much less in times of any crisis and
urgency.

The prime minister’s office lacking written constitutional definition,
and the prime minister being an appointee of the Governor General,
thus of the crown, typically accorded to the leader of the party that
has the most seats subsequent to an election. However, it is not
dictated by written constitutional law that that appointment of a
prime minister must necessarily follow tradition. There are no
specific limits on crown decisions, even if tradition does tend to a
very high level of predictability.

What this means is that a Governor General could remove a Prime
Minister if there were adequate reasons given to do so. Presumably,
though it has never happened, members of parliament could petition
that removal, by petitioning the crown. How this petitioning might
take place is uncertain, as there is no known precedent, but the
leaders of the other parties might go directly to seek the Governor
General’s action on the matter.

It would seem the intent of those who created the constitution and
related legislation that such a process could remain possible. That is
that if sufficient political will, inclusive of 2/3 of the House of
Commons were to come forward to ask for the removal of the Prime
Minister and his government that the Governor General, on behalf of
Her Majesty, could take that action on behalf of her majesty’s
subjects. Certainly the most responsible and responsive act in terms
of the urgent need in times of crisis.

We must remember that prorogation stops all parliamentary committee
work and essentially cripples the government for a prolonged period of
time. In a crisis two months is far too long and extremely contrary to
the best interests of the nation and contrary to the best interests
and well being of Her Majesty’s subjects. It is that ethical
consideration in a time of crisis that has more importance than formal
process in a political system where there are no constraints on
potential just and fair resolution, when it comes to matters involving
the crown.

Clearly suspension of parliament is wrong, and more wrong in a time of
crisis. It only delays non confidence and the ousting of an
ineffective handling of dangerously urgent problems. It is impossible
to know what really influenced the Governor General, but the loss of
more than two months is catastrophic at a time of national need. If
anything a new government needs to be working through Christmas to
deal with the complicated damage that Canada is suffering due to
American irresponsibility. Certainly Mr. Harper’s actions would have
an American seal of approval on them, favoring what are currently
their interests, not the best interests of Canada. I think the
opposition could easily argue that case in addition to arguing Mr.
Harper’s unethical, irresponsible prorogation as an unacceptable delay
in much needed government action in crisis.

As far as constitutional and related laws appear to go it appears that
there is nothing to stop those in parliament who seek removal of Mr.
Harper and his irresponsible government, in light of his irresponsible
prorogation of parliament, sending their representatives to seek
removal of Mr. Harper and his government from government power. We
must remember that the ultimate decision rests with Her Majesty Queen
Elizabeth II, through her Governor General, based on the presentation
of reasons, and is not bound by traditional actions or specific
constitutional law. In effect it appears quite possible, even if as
unprecedented as Mr. Harper’s action, for his elected opponents to
take further action, in petitioning Her Majesty for further and more
just recourse.

Sincerely,

Robert Ezergailis
Hamilton, Ontario
Canada


 Dec 4, 9:59 am, wrrit...@gmail.com wrote:
> On Thu, 4 Dec 2008 08:09:02 -0600, "Andrew Ostrander"
>
> <apa...@hotmail.com> wrote:
> >Harper wasn't elected into office.  I didn't see any choice on my ballot for
> >Harper.  I voted for my local mp.  Together the mps choose the prime
> >minister by supporting him in the house.  If a prime minister can't keep the
> >support of the mps, he's done.  If Harper's honourable, he will recognize
> >the position he's in, lose the confidence vote, and resign.  Instead he's
> >desperately looking for tricks in order to hang on to power.
>
> The Dion couldn't even get a tape delivered to CTV last night on time,
> it showed up an hour late.  He called the Block Separatists in his
> English address to Canadians, and Sovereignists in the French address
> because Quebec  prefers it.
>
> Why would he the Liberal leader who only weeks ago lost the confidence
> of his party after the election, and was going to step down now think
> because he has become involved in a coalition that he can govern? It
> seems he's a lame duck leader who panders to the Block in Quebec
> because without their support he would have no collation.
>
> We know from news reports that the Block will have the power of VETO
> on all decisions if the coalition gains power, so basically we'd all
> be held captive by the Block while they held our country under their
> thumb.
>
> I'm for another election, put the coalition on the ballot, let
> Canadians use the vote as their voice.