Governor General of Canada

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Flag of the Governor General

The Governor General of Canada ( English Governor General , French masculine Gouverneur général and feminine Gouverneure générale ) is the representative of the Canadian monarch . Canada is one of sixteen Commonwealth Realms that all share the same monarch. This is currently Queen Elizabeth II. The governor-general acts as the viceroyal representative of the monarch in Canada. A royal decree (Letters Patent) from 1947 granted the Governor General the position of Commander-in-Chief of the Canadian Armed Forces on behalf of the King of Canada - at least in formal theory.

Since Canada is a parliamentary monarchy , the duties of the governor general are mostly limited to ceremonial and non-partisan functions. In practice, the greatest political power lies with the Parliament of Canada, which consists of the Crown, Senate and House of Commons , as well as the Prime Minister and the Cabinet. According to the constitution, the governor general exercises his powers only on the advice of the prime minister and other ministers, with few exceptions. Although the Queen of Canada is also the Queen of the United Kingdom , the British Government has no direct influence over the Governor General these days. Nor does it have any other authority to intervene in Canadian affairs in any other way. Nor does the Queen personally influence Canadian politics. It has the power to appoint the governor general. However, she has to seek advice from the Canadian Prime Minister to do this . Any constitutional amendment with regard to the office of governor general requires a unanimous decision by all provincial parliaments, instead of a two-thirds majority, as is usual with constitutional amendments.

Julie Payette has been the incumbent since October 2, 2017 .

history

Rideau Hall, seat of the Governor General
The governor general's seat in the Citadel of Québec

French colonization of North America began around 1580. However, the sprawling colony of New France , which consisted of Canada, Louisiana, and Acadia , did not gain importance until the early and mid-17th centuries. The explorer Samuel de Champlain became the first unofficial governor of New France around 1613. In 1636, Charles Huault de Montmagny was the first to be officially appointed to this office. Originally, New France was administered by the French Company of One Hundred Partners (Compagnie des Cent-Associés) . But in 1663 King Louis XIV took control of the colony. From that year the head of the French administration in New France had the title of Governor General. The first incumbent was Augustin de Saffray de Mésy, from 1663 to 1665.

France lost most of its North American possessions in the course of the Seven Years' War (1756–1763), including Canada. This result was finally confirmed in the Treaty of Paris . Canada was renamed the Province of Québec by the Royal Proclamation of 1763 . At the same time, the office of governor of Québec was established. Lieutenant General Sir Jeffrey Amherst ruled the province during the final years of the Seven Years' War. The first civilian to assume this post was James Murray in 1764 . The provinces of Nova Scotia and New Brunswick continued to be ruled separately by their own royal governors. Around 1780, the British government of Prime Minister William Pitt became friends with the idea that the provinces of Québec , Nova Scotia and New Brunswick should be ruled by a joint chief governor (later renamed the Governor General). The first to hold this joint office was Lord Dorchester , who was appointed in 1786. However, only the Province of Lower Canada was directly subordinate to the Chief Governor or later to the Governor General ; Upper Canada , Nova Scotia and New Brunswick were administered by their own deputy governors ( lieutenant governors ). In 1841, Lower Canada and Upper Canada were combined to form the Province of Canada . From then on, these provinces were led by the Governor General.

The role of the governor general changed fundamentally after the rebellions of 1837 . Soon after the rebellions, the British government agreed to give the Canadian provinces good governance. As a result, the role of governor general and deputy governors shifted to a more nominal leadership position, while real power was exercised through democratically elected parliamentary assemblies and provincial prime ministers. This agreement continued after Canada's conversion to the Dominion in 1867. The Governor General and Deputy Governors remained the symbolic representatives of the Crown and the British Government, while actual political power remained with the Prime Minister of Canada and the Prime Ministers who exercised them at the state and provincial levels, respectively.

The position of governor-general saw major changes in the 1920s and early 1930s in response to the King Byng affair . In 1926, the Liberal Prime Minister William Lyon Mackenzie King called on the Governor General Lord Byng of Vimy to dissolve Parliament. However, the governor general used his reserve power to deny the request. He justified this by saying that the general elections had only been held a few months earlier. Accordingly, King resigned and Lord Byng appointed Arthur Meighen as his successor. Within a week, however, Meighen's Conservative government was expressed suspicion in a House of Commons vote, forcing the governor-general to dissolve parliament and call new elections. After Mackenzie King returned to power with a clear parliamentary majority, he sought to redefine the office of governor-general.

At the 1926 Imperial Conference , the United Kingdom, Canada, and other Dominions adopted the Balfour Declaration . The Declaration recognized that the Dominions had the same status as the United Kingdom and that any Governor General would henceforth only act as a representative of the Crown in the respective Dominions, not as a representative of the British Government. Instead, the functions of representative of the British government were to be transferred to high commissioners , whose duties were similar to those of ambassador. The principle of equality between the Dominions was further strengthened by the 1931 Westminster Statute . The concept that the entire territory of the British Empire belonged to the Crown was abandoned. Instead, it was assumed from now on that each Dominion should be a separate kingdom in its own right. The British monarch was now King of the United Kingdom, King of Canada, King of Australia and so on. Although the Dominion of Canada was now recognized as independent from and on an equal footing with the United Kingdom, for the time being it remained the custom that the Governor General was a British and not a Canadian. The term Dominion has also been discontinued as it suggested that the British government had some influence over Canada, which it did not. The first Canadian Governor General was Vincent Massey , who was not appointed until 1952. Since then, only Canadians have been proposed and appointed; however, it is customary for English- and French-speaking governors-general to alternate in order to create a balance between the two language groups of Canada.

After these upheavals came the next significant changes for the office during the tenure of Roland Michener (1967–1974). Michener simplified the minutes and formalities around the office. For example, the long-standing tradition of bowing and curtseying to the governor general has been dropped. Michener retained the Office's traditional military uniform, but he was the last Governor General to wear it. In 1971, Michener visited Trinidad and Tobago , becoming the first Governor General to pay a state visit to another country. This visit was initially a source of controversy as many believed that the monarch, not the governor general, was legally the head of state of Canada. Despite everything, the controversy did not last long. Nowadays it is perfectly normal for the Governor General to make a state visit to other countries.

The governor general office has been a contentious issue in Canada at times. Movements such as Citizens for a Canadian Republic advocate democratization and want to secure the powers of the Governor General for a later transformation into a parliamentary republic like Ireland or India. This would abolish the Canadian monarchy. On the other hand, there is the Monarchist League, which advocates the retention of the Governor General as the representative of the ruling monarch. Since the failure of the Meech Lake Accord in 1987 and the Charlottetown Accord in 1992, Canadian politicians have found little pleasure in revisiting such constitutional issues. In particular, they avoid such polarizing topics as the monarchy. At the moment, the question of the abolition of the monarchy is hardly considered in the public debate, as many Canadians consider the conflict over the possible sovereignty of Québec to be more urgent. As a result, the Republican movement in Canada is less popular than comparable movements in other Commonwealth Realms such as Australia .

appointment

The monarch appoints the governor general on the advice of the Prime Minister of Canada. Between 1867 and 1952, every Governor General was a subject of the United Kingdom and a member of the nobility. The last British Governor General was Harold Alexander, 1st Viscount Alexander of Tunis , who held office between 1946 and 1952. Since the appointment of Vincent Massey in 1952, the office has only been filled by Canadians. In addition, the custom has become established that the office is held alternately by Anglo Canadians and French Canadians. Since 1967, the Prime Minister has only sent a candidate name when he asked for a viceroy representative to be appointed. The Queen had previously been presented with several candidates for selection.

Although the governors general are supposed to carry out their office in a non-partisan way, they are mostly former politicians. Since 1952 people have been appointed to the office who could look back on careers as diplomats, members of the cabinet or parliamentary presidents. Former Governor General Adrienne Clarkson was previously a writer and television presenter. She is the first female governor general without a political or military background. She was also the first Canadian with an Asian background and only the second woman in that position. The first female governor general was Jeanne Sauvé , who held the office between 1984 and 1990. The third governor general of Canada was Michaëlle Jean , who held the office from 2005 to 2010.

In keeping with tradition, the governor general acts as the monarch's representative for at least five years. The Canadian Prime Minister can ask the monarch to extend the term of office. For example, Adrienne Clarkson's term would have ended in 2004 after five years. However, her appointment as governor general was extended to the advice of Prime Minister Paul Martin , who felt it appropriate to leave an experienced governor general in office while Canada was under a minority government. The terms of office of other governors general, including those of Georges Vanier and Roland Michener , have been extended beyond five years. Governors-general can of course also resign, as happened with Roméo LeBlanc in 1999 because of health problems.

If the governor general dies or leaves the country for more than a month, the chief judge of Canada, or a chief judge of the Constitutional Court of Canada as the administrator of the government, will take office. This also includes all the powers of the governor general. The only people who took office following the death of a Governor General were Chief Justice Sir Lyman Poore Duff in 1940 and Chief Justice Robert Taschereau in 1967.

Political role

Although the governor general's powers are broad in theory, in practice they are narrow. The governor general is a symbolic and nominal superintendent whose authority is restricted by common law with constitutional rank and precedents. If the governor general tried to act regardless of customary constitutional law and on the basis of his own judgment, it would most likely lead to public protests and a constitutional crisis. The governor general almost exclusively exercises royal prerogatives in coordination with the prime minister and the other ministers. For their part, the Prime Minister and Ministers are accountable to the House of Commons. This in turn derives its democratic legitimacy from the people.

Whenever necessary, the governor general is responsible for appointing a new prime minister. In accordance with unwritten constitutional custom, the governor general must appoint the person most likely to be supported by parliament. This is usually the majority leader. If neither party was able to achieve a majority, a coalition government can emerge, the elected leader of which is then appointed prime minister. However, such coalition governments are quite rare in Canada. In a parliament in which there is neither a clear majority leader nor a coalition for a majority, the governor-general should appoint the prime minister who is most likely to be supported by parliament. This is usually, but not always, the head of the party with the most seats in parliament. For example, Paul Martin remained prime minister after the 2004 elections, even though his party was unable to win a majority of parliamentary seats.

The governor general appoints and dismisses cabinet ministers and other ministers, but only on the proposal of the prime minister. Thus, in practice, the Prime Minister, and not the Governor General, has complete control over the composition of the Cabinet. The governor general can, in theory, dismiss the prime minister on his own initiative, but common law and precedents stand in the way of such an act.

Functions

The governor general is the representative of the Canadian monarch and may exercise most of the powers that are due to the Canadian crown. If the monarch is in Canada, he can also exercise the powers personally. Furthermore, according to the constitution, some powers may only be exercised by the monarch himself. This includes, for example, the power to allow the Senate to be enlarged.

The governor general convenes, adjourns and dissolves parliament. Each parliamentary session begins with the convening of the governor general. The new legislative period begins with the opening of parliament, during which the Governor General delivers the speech from the throne in the Senate Chamber . He reads out the government statement that was sent to him by the Prime Minister and the Cabinet. The adjournment occurs about a year after the first session was held, officially closing the session. The dissolution ends the legislative period, which lasts a maximum of five years. After this there will be general elections for all seats in the House of Commons. These powers are always exercised on the advice of the Prime Minister. The timing of the dissolution of parliament is influenced by various factors. The Prime Minister usually chooses the politically most favorable moment for his party. In theory, the governor general can refuse to dissolve, but the details of when to do so are unclear. The last time the governor general refused to disband the prime minister was during the King Byng affair mentioned above in 1926.

All laws come into effect on behalf of the monarch. Royal approval is required before a bill becomes law. The governor general represents the monarch. Theoretically, he has three options: he can grant royal approval, withhold it, which corresponds to a veto, or subordinate it to the importance of the royal favor, i.e. personally submit it to the monarch for a decision. Provided the governor general gives royal approval, the monarch can retrospectively withdraw approval from the law within two years, rendering it null and void. According to modern customary constitutional understanding, royal approval is always given and approval is never withdrawn retrospectively.

The governor general also has the power to appoint federal ministers, senators, judges, and other officials. In practice, however, those to be appointed are determined by the Prime Minister and the other ministers. In addition, the governor general is responsible for appointing the vice-governors of the provinces on behalf of the monarch. Again, the prime minister selects those to be appointed, although the prime ministers of the provinces also have an advisory role. Instead of giving royal approval, a lieutenant governor may personally submit the bill to the governor general for decision. However, this practice no longer applies after it was last practiced by the Lieutenant Governor of Saskatchewan in 1961. The Canadian Territories commissioners are not appointed by the Governor General. They also do not appear as representatives of the crown.

Furthermore, the governor general exercises some functions that are otherwise due to a head of state. He goes on state visits, receives foreign heads of state as well as ambassadors and consuls. Formally, the credentials of the newly arriving ambassadors and consuls are addressed to the monarch. Since the beginning of 2005, they have been addressed directly to the Governor General, without any mention of the monarch. This decision has generated some controversy and the anger of several monarchists.

The functions of the governor general are mainly of a ceremonial nature. He fills the symbolic role of commander in chief of the Canadian military. The governor general participates in state banquets and other functions, and he distributes medals, awards and prizes. It has become customary for every outgoing Governor General to donate a mostly sporting prize or award in his name. The Governor General is the regimental colonel of three Canadian Household - regiments , the Horse Guards of the Governor General , the Foot Guards of the Governor General and the Grenadier Guards of the Governor General . This ceremonial position is directly subordinate to the monarch, who is an honorary colonel .

Protocol status and privileges

In the protocol in Canada, the governor general is only subordinate to the monarch. While in office, the Governor General and his wife are entitled to the title " His Excellency " or "Your Excellency". In addition, the governors-general will be appointed to the Queen's Privy Council for Canada upon retirement , giving them the title of "Right Honorable" for life. The title “Your Excellency” is no longer available to them after they have left office. The Governor General is the only Canadian entitled to the title of Excellence on Canadian soil.

During the term of office, the Governor General is also the Chancellor and First Companion of the Order of Canada , the Chancellor of the Order of Military Merit, and the Chancellor of the Order of Merit of the Police Forces. To this extent he is entitled to wear the badges of these medals together with his other awards. The flag of the governor general is a blue flag with a crowned lion holding a red maple leaf in its right forepaw. Created in 1981, this flag takes precedence over all other flags except the personal flag of the Canadian monarch . The flag can be hoisted on a vehicle in which the Governor General is traveling and on a building in which the Governor General is staying or residing. During state visits abroad, the governor general typically uses the Canadian national flag as the more well-known Canadian symbol.

The Viceroyal Salute is the hymn with which the Governor General is usually greeted. The salute includes six lines of the royal hymn God Save the Queen and the first four and last four lines of the national anthem O Canada . During state visits abroad, only O Canada is played to greet the Governor General.

The governor general receives an annual salary of $ 110,126. Its official residence is Rideau Hall in Ottawa . The governor general's wife is also known as the castellaness of Rideau Hall. However, there is no equivalent for the governor general's husbands. The governor-general has had an annex in the Citadel of Québec since 1872 .

See also

literature

  • Patrick N. Malcolmson, Richard Myers: The Canadian Regime. An Introduction to Parliamentary Government in Canada. Broadview Press, 2005, ISBN 1-55111-766-5 .

Web links

Individual evidence

  1. ^ Statement by the Prime Minister to welcome Canada's new Governor General, the Right Honorable Julie Payette. Government of Canada, October 2, 2017, accessed October 5, 2017 .