Category Archives: Constitution (Conventional)

1896: Tupper & Laurier Debate the Role of Governor General and Popular vs Parliamentary Sovereignty


Introduction   On 8 July 1896, Governor General Lord Aberdeen forced Prime Minister Sir Charles Tupper from office by refusing to promulgate his constitutional advice and sign off on Orders-in-Council to summon senators and make other appointments. Tupper sought to fill … Continue reading

Posted in Appointment of PM, Caretaker Convention, Confidence Convention, Constitution (Conventional), Crown (Powers and Office), Dorchester Review, Formation of Governments, History of British North America | 3 Comments

Rejecting Constitutional Advice Equals Dismissal from Office: How Governor General Lord Aberdeen Forced Sir Charles Tupper’s Resignation in 1896


When I first embarked on this constitutional odyssey in 2011, I encountered scholars who propagated a novel constitutional interpretation with no basis in history, nor in the principles of Responsible Government itself, which I call “Reserve Powers Without Consequence”: the … Continue reading

Posted in Articles, Caretaker Convention, Dorchester Review, Formation of Governments | 2 Comments

Justin Trudeau Remains Prime Minister But Also Subject to the Caretaker Convention


Results of the Election         On 21 October, voters elected members to a minority parliament, the fourth in the last fifteen years. In this House of Commons, engorged to 338 members since 2015, a party needs at least 170 to form … Continue reading

Posted in Caretaker Convention, Constitution (Conventional), Crown (Powers and Office), Formation of Governments | 1 Comment

The Over-Zealous Caretakers of the 2019 Election


Caretaker Convention During the writ in 2015, Parks Canada infamously agonised over issuing a routine public advisory about the threat that bears and mountain lions posed to hikers in Rocky Mountain national parks that fall, falsely believing that the Caretaker … Continue reading

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The Caretaker Convention and the Appointment of Supreme Court Justices During Elections: 2015 vs 2019


Prime Minister Appoints New Justice to the Supreme Court During the Election On 24 April 2015, Marshall Rothstein announced that he would retire as a justice of the Supreme Court of Canada on 31 August 2015.[1] On 27 July 2015, … Continue reading

Posted in Caretaker Convention, Constitution (Conventional) | 5 Comments