The Constitutional Implications of Royal Assent Refusal by Canada's Governor General

The role of the Governor General in granting Royal Assent to bills passed by Parliament is a crucial component of Canada's constitutional framework. Understanding what happens if the Governor General refuses to give Royal Assent to a bill and the broader implications for the political system is essential for anyone involved in public policy or governance.

Parliament's Authority Over Royal Assent

It is often mistakenly believed that Parliament has the power to override a refusal of Royal Assent by the Governor General. However, this is not the case. The Royal Assent is a constitutional requirement for a bill to become law. Unlike in other countries where the monarch may exercise significant political influence, Canada's Governor General acts on the advice of the Prime Minister and the Cabinet.

Historical Precedents and the Statute of Westminster

While the idea of a Governor General refusing Royal Assent might seem extreme, historical precedents and constitutional conventions have set a precedent. King George VI, for instance, faced a situation where he wanted to apply the Royal Prerogative of Mercy, but the Home Secretary denied his request. Such actions would be highly unusual and likely trigger significant political upheaval.

The Statute of Westminster, passed in 1931, further entrenched the role of the Governor General. It established that the Monarch acts on the advice of the government of the Realm, essentially transitioning from active to a passive role. Any attempt by the Governor General to refuse Royal Assent would be seen as a challenge to this established constitutional framework.

Constitutional Consequences: A Breakdown of the Monarchy?

If a Governor General were to refuse Royal Assent, particularly in a way viewed as undermining the established constitutional order, it could have severe consequences. In the UK, such actions would likely result in the abolition of the monarchy and the establishment of a republic. The Canadian situation, while not as extreme, would also raise significant questions about the role of the monarchy.

The Unique Position of the Governor General

The Governor General is different from Lieutenant Governors in that they serve at the pleasure of the Monarch rather than the federal government. This unique position means they have a dual mandate, serving both the Governor-in-Council and the will of the Monarch. If a bill is rejected, it would have to be deflected to the Monarch, possibly leading to a realigning of political power within the system.

Reservation, Disallowance, and Personal Values

There are three major considerations if Royal Assent is refused:

Reservation: The Governor General may defer the Royal Assent, but this is rare and would likely involve significant political pressure. For instance, if the Governor General believes the bill aligns with the Crown's values, they may defer the process to the Monarch. However, the Prime Minister's Office would be heavily involved to prevent counterproductive outcomes. Disallowance: Section 56 of the Constitution Act permits the Monarch to strike down laws if they are in conflict with English law, British values, or foreign policies. While the Statute of Westminster curtailed this power, theoretically, a government could attempt to use it to reverse laws. However, no government has done so in practice. Personal Values or Faith: A Governor General with personal objections might face a stark choice: sign the bill, resign, or defer the signing to the Chief Justice. The Chief Justice would have limited room to maneuver, as they must interpret and apply the law, and would sign the bill.

Political and Constitutional Outcomes

If a refusal of Royal Assent occurs, it would likely result in a constitutional crisis. Cabinet could advise the Crown to replace the Governor General. This would be a significant political upheaval and would fundamentally question the balance of power within the Canadian parliamentary system.

In conclusion, the role of the Governor General in granting Royal Assent is critical and deeply rooted in Canada's constitutional framework. Any refusal to grant Royal Assent would trigger a series of political and legal challenges that could fundamentally alter the structure of governance in Canada.