Canada returns to the constitution? The new government’s agenda for constitutional reform

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Canada’s federal election on October 19 returned to power a Liberal government with a wide-ranging programme for constitutional reform that touches on the electoral system, parliament and relations with the provinces. David Brown offers an overview of this agenda, which includes several reforms introduced or discussed in the UK in recent years.

The election of a Liberal government with a solid majority opens a new chapter in Canada’s enduring fascination with its constitution. The party’s election platform includes an impressive range of promises that touch on the operations of the constitution – many of them intended to remedy or undo measures taken by the outgoing Conservative government led by Stephen Harper – although it is more cautious on the larger structural issues lurking below the surface. Evoking the ‘sunny ways’ of Wilfrid Laurier, a Liberal predecessor, incoming Prime Minister Justin Trudeau is offering a change in tone and style in the day-to-day running of national institutions. Determined to be his own man he is, however, moving cautiously in approaching the larger constitutional reform stage that preoccupied his father, Pierre Elliott Trudeau, in the 1970s and 1980s.

The Canadian constitution, likes its British parent, is a work in progress. The original federal Constitution was enacted in 1867, the year that Bagehot published The English Constitution. The British North America Act (now the Constitution Act), neatly resonates with his distinction between the dignified and the efficient features of the Constitution. The written Canadian Constitution provides for the Crown, Privy Council, parliament, the courts and parallel institutions at the provincial level (along with lists of enumerated powers of the two levels of government),  cumulatively providing the enduring framework within which the real business of governance is transacted. These efficient elements, including the Prime Minister, Cabinet, public service and the day-to-day operations of parliament and the federal system, emanate solely from the laconic observation in the Preamble to the Constitution Act that Canada has ‘a Constitution similar in Principle to that of the United Kingdom.’ Changing the written Constitution involves use of a demanding amending formula that in several areas requires unanimity among the federal and provincial governments. The unwritten is the realm of constitutional convention.

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What would a minority government be like?

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As the election approaches, Peter Riddell explores the very real prospect of a minority government and considers the challenges which would be likely to arise from such a scenario.

Paul Goodman was right to argue on Conservative Home in November that a minority government may be more likely than a full-blown coalition if there is a hung parliament next May. The bruises from the current coalition and changes in party strengths since 2010 have shifted expectations against a further coalition. And a lot of thought is now under way as to how a minority government would function, and how long it might last.

First, if you thought the ‘five days in May’ of 2010 tested the political and media worlds’ patience, we could be in for an even longer wait in five months’ time. At least in 2010, the first and third parties in terms of numbers of MPs added up to a clear Commons majority.  But some recent polls suggest that the first and third parties may not pass the winning post for an overall majority, even discounting the handful of Sinn Fein MPs who will not take their seats.

That calculation makes much harder not only the formation of a coalition, but also reaching an informal arrangement. A multi-party deal is possible, but in theory only since the fourth, fifth and sixth parties, whether the SNP, DUP or UKIP have nothing to gain by allying with the larger parties.  Of course, the SNP could be ahead of the Lib Dems on some projections, which makes a deal even less likely. And that could takes us back a century to when the Irish Nationalists held the balance of power.

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