TORONTO, January 23, 2009 -- Academic constitutional experts are publicly advising the Governor General to call on the leader of the opposition to attempt to form a government if the Conservatives are defeated on a non-confidence vote. 

 

The advice appears in an open letter signed by thirty-five law professors and political scientists from universities across Canada following a December poll that revealed widespread confusion among Canadians about the basic rules of Canada’s constitutional system.  

 

The expert letter points out that democratic legitimacy in our system is based on the principle of responsible government, which requires that a Cabinet have the support of the House of Commons to govern.   If that support is lost, the Governor General is no longer bound by the advice of the Prime Minister and may either call on another leader to form a government or dissolve Parliament for an election.   As the majority of members of the House of Commons have provided assurances of their support for a government led by the leader of the opposition, the constitutional scholars advise that “It is our opinion that in the event of a non-confidence vote or a request for dissolution of Parliament after only 13 sitting days of the House of Commons, the Governor General would be well-advised to call the leader of the opposition to attempt to form a government”.  

 

The letter with the full list of signatories is available at: www.constitutionacts.blogspot.com.

 

Professors available for media interviews:

 

Barbara Cameron

Political Science, York University

c:  647-898-6187.

 

Errol Mendes

Law,  University of Ottawa

o:   613-562-5890

c:   613-799-0559

 

Charles-Maxime Panaccio

Law, University of Ottawa

w: 613 562-5800 ext. 3248

c. 613 882-7967

 

Peter Russell

Political Science (University Professor Emeritus)

University of Toronto

h:  416-923-4919

 

 

Bruce Ryder

Osgoode Hall Law School

c:  416 305-8439.

 

Jeremy Webber,

Canada Research Chair in Law and Society

University of Victoria,

w:  250-721-8154

h:   250-384-2557

 

Margot Young

Law, University of British Columbia

w:  604 822-9685