Prime Minister Justin Trudeau’s decision to suspend Parliament raises questions about how Ottawa will respond to the incoming Trump administration without the option of using legislation — but the government says it still has many powers at its disposal.
This postponement means the suspension of all legislative activities until March 24, and any bills that have not yet received royal assent will expire and will need to be re-introduced in the next session. That includes proposed new spending like the $1.3 billion announced last month in the federal government’s new border security plan.
The plan aims to address concerns raised by US President-elect Donald Trump, who has pledged to impose harmful 25 per cent tariffs on all Canadian imports while pushing Ottawa to crack down on cross-border migration and drug smuggling.
A spokesman for Public Safety Minister David McGinty told Global News that the border security plan contains several measures that do not need parliamentary approval. They include steps the government has already taken, including ending “flying the flag” and joint security exercises at the border with provinces and territories, starting in Ontario last Friday.
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“While Parliament has been adjourned, the Council of Ministers and the public service continue to operate at full capacity,” government spokesman Gabriel Brunet said in an emailed statement.
“We intend to continue moving forward with our plan to strengthen our borders, deepen our cooperation with our American partners, and keep Canadians safe.”
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If Trump follows through on his threat to impose tariffs, Canada could impose retaliatory tariffs on American goods without parliamentary approval as well.
The government did not need to pass legislation to retaliate for Trump’s steel and aluminum tariffs in 2018.
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Constitutional experts say this is one example of how the executive branch and bureaucracy of government will continue to operate largely as usual during the suspension period.
“Prorogation does not create a caretaker government,” Emmett MacFarlane, a political science professor at the University of Waterloo who studies constitutional politics, said in an interview.
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“The government has all the statutory powers that it would have had if Parliament were in session to carry out administrative and executive procedures.”
MacFarlane added that this is different from during elections, when parliament is dissolved and the government needs to “restrict what it does outside of issues of public concern or emergencies,” and is otherwise tasked with maintaining the country’s “stability.”
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During the extension period, ministers and even the Prime Minister can continue to make announcements about new initiatives or authority issues, provided they do not need new spending – which must be approved by Parliament – to achieve them.
Agencies such as the Royal Canadian Mounted Police, Canada Border Services Agency, and Immigration, Refugees and Citizenship Canada can still make improvements to border security and refugee programs with existing funding, as long as any actions do not require changing existing legal powers or authorities through new legislation.
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The government was able to pass the necessary appropriations for those agencies and others to get funding until March 31 – the end of the current fiscal year – shortly before Parliament goes up for winter recess in December.
What is “Crown Privilege”?
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2015 report of the Ministry of National Defence It sets out the legal principle of ‘prerogative of the crown’, which limits the powers that the executive can use without the consent of Parliament.
The statutory report lists foreign affairs, war and peace, treaty-making, defense and the armed forces as examples of places where the Crown prerogative can be invoked.
Although the Governor General is a representative of the Canadian Crown, the report notes that under Canadian law, the powers of the Crown are “exercised at the federal level by the Cabinet,” which ultimately holds executive power.
Library of Parliament says The deployment of the army is also exercised within the powers of the Crown, as the Council of Ministers represents the King and acts as Commander-in-Chief of the Armed Forces.
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The Governor-General technically has “personal privileges”, including appointing and dismissing the Prime Minister or dissolving Parliament. However, the report noted that these measures are usually carried out at the request or advice of the Prime Minister.
Another power of the Governor-General is to issue “special orders” for spending, also at the request of the Prime Minister. They may be issued to ensure continued funding of government agencies or programs during the election period, with funds drawn from the Consolidated Revenue Fund.
This spending must then be approved through motions once the next session of Parliament begins.
MacFarlane said any new initiatives funded in this way “must be a response to a real pressing concern — and it is likely that Donald Trump will take certain actions against Canada in that context.”
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“But a good caretaker government at that stage will also consult with the opposition before taking any drastic measures,” he added.
“During the extension period, the government has complete freedom.”
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