TORONTO -- Julie Payette鈥檚 resignation amid allegations of workplace harassment means that the chief justice of the Supreme Court will now assume the governor general's powers, but a Crown expert says this temporary appointment should be as brief as possible as it presents potential conflicts.
Prime Minister Justin Trudeau accepted Payette鈥檚 resignation on Thursday following reports of a workplace harassment investigation that sources described to 麻豆影视 as 鈥渄amaging.鈥�
Chief Justice of Canada Richard Wagner will fulfill the role of administrator on an interim basis until Trudeau recommends a new governor general to the Queen, something Trudeau says he will do 鈥渋n due course.鈥�
Philippe Lagasse, a Carleton University expert on the Westminster system and the Crown, described Payette鈥檚 resignation as 鈥渁 bit sad, really,鈥� and stressed the importance of limiting the amount of time Wagner stays in this role.
鈥淚 have to say, as somebody who is concerned about how offices appear in public, it鈥檚 really not ideal to have the chief justice of the Supreme Court act as an administrator for any long period of time,鈥� Lagasse told CTV鈥檚 Power Play on Thursday.
The reason: the Governor General is in charge of turning bills into law through royal assent. Having an active Supreme Court judge in this role could be potentially problematic down the road, Lagasse said.
鈥淲e can think in our constitutional metaphysics that they鈥檙e wearing a different hat when they鈥檙e providing royal assent, you can imagine that it could create discomfort on the part of the judge who wants to be seem completely and utterly impartial if ever that legislation appears before them in a constitutional or legal challenge,鈥� he said.
Asked about the timeline to replace Payette, intergovernmental Affairs Minister Dominic LeBlanc said 鈥渙bviously it鈥檚 not a question of months.鈥�
鈥淭he constitutional role can be fulfilled as of tonight by Chief Justice Wagner and until a successor is sworn in,鈥� LeBlanc told CTV鈥檚 Power Play.
鈥淲e obviously haven鈥檛 turned our attention to the details of how that successor would be recommended to Her Majesty, but we鈥檒l have more to say about that in the coming days. But it鈥檚 not a circumstance that can go on for months and months.鈥�
The Governor General holds the second-highest office in Canada after the Queen, with the role out-ranking even the prime minister. That鈥檚 because the Governor General can be called on to make decisions related to the formation of government, such as to prorogue Parliament or dissolve Parliament on the advice of a prime minister to trigger an election.
The Governor General also plays a key role in minority governments, as is the current case. If a minority government loses a confidence vote in the House of Commons, the prime minister would then have to request Parliament be dissolved. The Governor General then has the discretion whether to agree to that, and call an election, or allow another party in the House to attempt to form a government that would have the confidence of the House.
For example, in 2008, Stephen Harper asked then-Governor General Michaelle Jean to prorogue Parliament to avoid a non-confidence vote that he was expected to lose, which she allowed.
Everything considered, Lagasse said it鈥檚 in the country鈥檚 best interests to appoint a new Governor General pronto.
鈥淭o the extent possible, we should have a full-on governor general appointed as soon as possible, given the possibility of an election on the horizon,鈥� he said.
鈥淎nd ultimately, I would imagine the chief justice is not really keen on the idea of having to make some of these decisions and make some of the calls, particularly if another election returns another hung Parliament, and if there鈥檚 controversy around a dissolution of Parliament in the middle of a pandemic. These are all things that I imagine the chief justice doesn鈥檛 want to be particularly involved with either.鈥�
CTV royal commentator Richard Berthelsen said that the Governor General plays a critical constitutional role in Canada as a representative of the Queen, but is also seen as a moral leader.
鈥淪o this really was a day that, in a lot of ways, had to happen. It鈥檚 sad that it has happened, but the report has left everyone with no alternative,鈥� Berthelsen told 麻豆影视 Channel.
With files from CTV鈥檚 Rachel Aiello in Ottawa and The Canadian Press
