Constitution Expert: GG Shouldn't Show Support for AFG Mission

[The Bread Guy]

WTF????  Usual disclaimer....

Jean wrong to support Afghan mission, Constitution expert says
Canadian Press, 24 Sept 06
http://www.cjad.com/node/414496

Gov. Gen. Michaelle Jean was wrong to speak out in favour of Canada's military involvement in Afghanistan, says a constitutional expert.

Henri Brun, a professor in constitutional law at the University of Laval, called Jean's statements about the Afghan mission "incorrect" and out of line with Canada's political tradition.

In a recent interview with The Canadian Press, Jean defended Canada's role in Afghanistan as necessary to remove the Taliban and rebuild the war-torn country.

But Brun said it is "difficult to reconcile the political incursion with her functions" as the Queen's representative.

"It is disappointing that Ms. Jean, after only a year in her position, doesn't have a better knowledge of her functions," he said.

Brun added that within the Constitution, the monarchy is not accorded any political powers.

He also said that public opinion in Canada wouldn't be affected much by Jean's statements.

 

[McG]

Henri Brun, a professor in constitutional law at the University of Laval, called Jean's statements about the Afghan mission "incorrect" and out of line with Canada's political tradition.

Does this tradition provide us any value?

Brun added that within the Constitution, the monarchy is not accorded any political powers.

Except to dissolve parliament & sign bills into law, right?  Regardless, there is not a prohibition on opinion.

He also said that public opinion in Canada wouldn't be affected much by Jean's statements.

Then why does he care?

 

[RangerRay]

Flat out WRONG!

The Governor General, as Commander-in-Chief of Her Majesty's Canadian Armed Forces, has a DUTY and an OBLIGATION to support ANY military operation, including politically charged operations like...oh, I don't know, a WAR?

Pfft...some "expert"!  :

 

[Teddy Ruxpin]

Well, he's an academic and he is, indeed an "expert" as far as it goes.  He's entitled to his opinion - and it is just that - despite the fact that I disagree with him.

A quote from his previous writings might be enlightening here:

Professor Brun takes aim at the idea of adopting a presidential system, concluding that “the primary requirement in opting for a given constitutional system is a basic respect for the intrinsic logic of that system.” He suggests that if some observers feel the British parliamentary system in Canada is failing, it is because it has been distorted, and that it must be understood before it is condemned.

Seems he's a supporter of the current Parliamentary system - including the monarchy.  A bit of an oddity for a Quebec intellectual...

 

[derael]

He also said that public opinion in Canada wouldn't be affected much by Jean's statements.

So if it's not a big deal to anyone in Canada, then why does he care so much? HRMMMM! The fact alone that hes talking about it and expressing his opinion makes me think he truly does feel that the GG's opinion has some sway with the general public.

 

[geo]

Teddy..... don't go there

 

[Teddy Ruxpin]

Yes, quite right...  :-X

 

[paracowboy]

paracowboy: Professor Brun should find something worthwhile to do with his time. :

paracowboy: Media should stop trying to find anything they can to stiffen Taliban resolve. 

paracowboy: Herd Too Large. Needs Culling.

 

[Edward Campbell]

Flat out WRONG!

The Governor General, as Commander-in-Chief of Her Majesty's Canadian Armed Forces, has a DUTY and an OBLIGATION to support ANY military operation, including politically charged operations like...oh, I don't know, a WAR?

Pfft...some "expert"!  :

Since I see no angels treading the ground here, I will rush in.

Prof. Brun is quite right: Her Excellency has a duty to support her troops; she should be silent on the government’s mission.

The decision to deploy to A’stan, and all the whys and wherefores surrounding it, are subject to the aggravations of electoral politics and are, therefore, off limits to HE, except in the most exceptional circumstances – circumstances which do not exist here in Canada in 2006, Taliban Jack notwithstanding.

We, those touched by English constitutional history – which includes all Canadians, resolved this in January 1649, at Whitehall when ‘we’ established the absolute sovereignty of parliament by lopping the head off King Charles I.

Her Majesty, and by extension HE, is about the last person left with a legitimate duty to say: “right or wrong, my government.”  No matter how much she may dislike the person of her first minister and the policies (s)he imposes HM/HE is obliged to remain silent on political matters.

There is, I believe, a constitutional safety valve in the residual powers of the crown.  If we could imagine an elected government which, without overwhelming public support and absent a clear, present and immediate threat to the realm, decided not to go to the polls after five years in office and then suspended our basic, common law liberties and Charter rights, and ignored statute law and so on then we might, also, imagine that HE could use her residual powers to call out the RCMP and the army and order them to oust the government, etc.  One might imagine such a thing but it does not merit rational discussion in Canada in 2006.

Anyway, Brun is correct.  HE’s comments were out of line.  She has a duty to stand with her troops, through thick and thin – she is the commander-in-chief.  She also has a duty to stand aloof from politics, and the mission to A’stan is political.

 

[paracowboy]

Anyway, Brun is correct.  HE’s comments were out of line.  She has a duty to stand with her troops, through thick and thin – she is the commander-in-chief.  She also has a duty to stand aloof from politics, and the mission to A’stan is political.

however, HER troops are there, and she also has a duty to Promote Their Welfare, as every leader does. If that means speaking out on their behalf, in order to stiffen Canadian resolve, and weaken Timmy Taliban's, then she MUST do so.

 

[Edward Campbell]

however, HER troops are there, and she also has a duty to Promote Their Welfare, as every leader does. If that means speaking out on their behalf, in order to stiffen Canadian resolve, and weaken Timmy Taliban's, then she MUST do so.

Quite correct, up to a point.

She can and should say something like: “My troops are wonderful people; they are bravely fighting a determined, ruthless, barbaric enemy and they are helping the Afghan people to reap the benefits of their own efforts.  We must all support them in their heroic efforts.”  (I know it sounds a bit Maoish, but ...)

Unfortunately what she did say, roughly, was: “The government-of-the-day has adopted a good policy.”  That’s debatable in the marketplace of ideas and it is, therefore, a political statement.  When we separated King Charles’ head from his body we also separated the sovereign from politics.  Walter Bagehot got it about right in 1867;  Michael Jean got it pretty much all wrong in 2006, but maybe it’s a language issue.

 

[Yrys]

Teddy..... don't go there

Why  ;D ?

 

[McG]

She also has a duty to stand aloof from politics, and the mission to A’stan is political.

I guess this may prove a conflict then:

GG to launch new chat site on Wednesday
Updated Mon. Sep. 25 2006 9:49 AM ET
Canadian Press

OTTAWA -- The Governor General is opening a new chat site where she says Canadians can talk with her about issues facing the country today.

"Citizen Voices" will be launched on Wednesday, the first anniversary of Michaelle Jean's installation as Governor General.

The site will include forums, blogs and live chats with Jean and her husband, Jean-Daniel Lafond.

The site was the brainchild of Lafond and a team of young collaborators who were discussing new tools for fostering debate and dialogue in Canada.

Jean says she hopes the site "will be a useful tool to . . . break down solitudes.''

Users of citizenvoices.gg.ca will be able to navigate through four themed sections -- belonging, youth, women, and culture -- and will be regularly invited to participate in forums, comment on blogs or chat live with the Governor General or her husband.

The site will host a live chat with Jean between 7 and 8 p.m. ET on Wednesday.

Edit: To activate link to GG's site.

 

[Lockness]

Hrmm yea like telling a woman that she is wrong and to be quiet has ever improved a man's lot in life.  As far as I'm concerned this a universal truth that supercedes any law in any land that maybe the good professor has yet to learn.