The Constitution of Canada

The purpose of Section 33 of the Charter – the “notwithstanding clause” – is to pass legislation that would otherwise violate fundamental rights, preventing courts from striking that legislation down. Proposing its use in advance implies that a law is expected to violate fundamental rights. #cdnpoli

Happy birthday to the #Charter! 🎉

The most recent Leader of the Official Opposition, however, was once a cabinet minister, and therefore retains the title “The Honourable” and the post-nominal “P.C.” (Privy Council) for life.

Fun fact: neither His Majesty’s Loyal Opposition, nor the Prime Minister, are mentioned in the Constitution. They are both constitutional conventions. However, in order to have executive continuity the PM and cabinet must exist—whereas, the Opposition ceases to exist when Parliament is dissolved.

The Prime Minister remains in place during an election, and until a successor is appointed by the Governor General. Parliament is dissolved when the GG issues the writ of election, however the executive branch continues to function, and the PM and cabinet retain their titles. #cdnpoli #elxn25

Ironically, the Constitution mentions neither Prime Minister nor parties.

A timely reminder: when Mark Carney becomes the next Prime Minister of Canada without a general election, this is how our system has always worked. It’s a feature, not a bug—as they say. #cdnpoli

It seems like a good time to remind everyone that – whether it’s a “proposal”, a threat, or a just joke – Canada cannot willingly become part of another country, even if a majority were to agree (which also seems unlikely), without nearly insurmountable hurdles. #cdnpoli @ianhanomansing.bsky.social

a man in a suit and tie says i like the way and points ALT: a man in a suit and tie says i like the way and points

I wholeheartedly agree! #cdnpoli

The procedure from the Constitution Act 1982 simply refers to any change to the office of the King, including (and especially) abolishing that office. So naturally the act of replacing it with a foreign government would bring it into the mix.

Unprecedented, but likely very true. Section 35, duty to consult, UNDRIP, etc. would definitely come into play. I’m referring above to changes to the office of the King specifically. Under S.35, governments would have to consult First Nations, Inuit and Métis people well before passage.

Canada cannot voluntarily cede sovereignty to another country without:

- Unanimous consent of the house, senate, and legislature of every province (S.41)
- Consent of the Lieutenant Governor of each province (S.90)
- Consent of the Governor General (S.17) and/or King Charles III (S.55)

#cdnpoli

A good opportunity to remind all Canadians that the #Charter does not protect expressions of hate. In R. v Keegstra the SCC found that, while Canada’s hate speech laws do infringe on expression, that infringement is justifiable under Section 1. #cdnpoli

Accurate

Constitutionally speaking, the Governor General may fill vacant Senate seats on the Prime Minister's advice any time. An executive duty not involving the HoC. In 2016, the current PM established an Independent Advisory Board for Senate appointments which put forward the upcoming candidates. #cdnpoli

The #Constitution mentions the existence of God, but not the existence of a Prime Minister. Just goes to show that not everything written is a convention, and not all conventions are written.

#cdnpoli
#CanadaSky
@godpod.bsky.social

I strive to be as clear as possible, but I can’t control reception and interpretation of a message. I stated in the previous post that MPs are elected, and in my original post that PMs are not elected. These aren’t a matter of opinion.

Luckily the Charter also protects freedom of thought. In this case, your right to interpret these posts any way you would like.

Luckily Section 2(b) of the charter doesn’t require an understanding of the reason for the expression.

The key point being that there is no PM box on your ballot, nor is there an election when the PM resigns. This is the same for Premiers in the provinces, and in other countries using the Westminster parliamentary system.

During general elections, Canadians elect a local representative (MP). From those MPs, the Governor General appoints the Prime Minister—generally the leader of the party with the most seats. When the PM role is vacant, a new PM is similarly selected. If the leader changes, they usually become PM.

These posts are pointing out the fact that our Prime Ministers are not, and have never been, elected.

The post doesn’t mention PMJT. It’s a reference to the position and office of Prime Minister - something in that is not mentioned in the constitution.

This was posted long before PM Trudeau’s resignation. It refers to both the fact that the PM is not mentioned in the constitution, and that PMJT hadn’t created an account on BlueSky yet.

🇨🇦 Canada will likely have a new Prime Minister before the next election. Unelected, just like every PM before them. A completely normal feature of our democracy.

#cdnpoli
#CanadaSky

The Prime Minister is not elected. Not in Canada, nor any country using the Westminster parliamentary system. PMs are frequently replaced between general elections, especially in the UK where the system originates.

#cdnpoli

A valid prorogation, however unusual Prime Minister Justin Trudeau is resigning as leader of the Liberal Party and has requested and been granted a prorogation of Parliament until March 24th.

NEW POST: A valid prorogation, however unusual. emmettmacfarlane.substack.com/p/a-valid-pr...

Proroguing Parliament is a constitutionally sound and well-established tool available to the Governor General, exercised on the advice of the Prime Minister. No GG has denied a request, consistent with Canada’s Westminster parliamentary system and the principle of responsible government.

#cdnpoli

They'd get a younger, more nimble constitution.

Can confirm.

#cdnpoli