Who does Canada want as its next governor general?
Finding the best constitutional guardian not easy, Philippe Lagassé says.
Julie Payette has resigned as governor general, the penultimate office of the Canadian state, second only to the Queen herself. News of her departure should be met with a sense of relief.
Payette could have chosen to fight the charges of workplace harassment outlined in an independent report commissioned by the government. She could have dared the prime minister to request that the Queen dismiss her. Thankfully, Canadians have been spared that spectacle, along with the institutional sullying and embarrassment that would have accompanied it.
The question before us now is how to avoid a similar situation in the future.
First, it is important to get the fundamentals out of the way. The office of the governor general is not going to be abolished. It is protected by the unanimous constitutional amending procedure outlined in section 41 of the Constitution Act 1982. Getting rid of the office would require the agreement of Parliament and all provincial legislatures, as it would to get rid of the monarchy itself. Not only do we all have better things to do right now, but political conditions are not present to allow for a wholesale revamping of Canada's highest offices.
Similarly, the Queen's power to appoint the governor general on the advice of the prime minister is included as part of her office, which means that changing how we appoint her representative would involve the unanimous amending procedure, too. There is no point floating the idea of directly electing the governor general or even arguing that the House of Commons or members of the Order of Canada should pick the person.
Accepting that the office is not going anywhere, we can focus on the key issue: ensuring that we appoint candidates who are well suited to the role.
Vice-regal officeholders should be committed to public service and be enthusiastic about meeting
and celebrating the accomplishments of Canadians. While the job necessarily involves representing the Queen, it is also about representing Canadians to themselves, without the partisan hue that surrounds politicians who try to do the same. Over the decades, the office has taken on quite a bit of patronage work, too, which sees the governor general helping charities raise funds for laudable causes. Anyone who is uncomfortable with the demands and pace of these activities should not occupy the office. Likewise, anyone who cherishes their privacy should steer clear of Rideau Hall.
Most importantly, though, the governor general has core constitutional duties to perform.
Normally, these are formalities, such as granting royal assent to legislation and signing various official documents. But there are instances when the governor general has to act with discretion, exercising sound practical judgment.
For example, the governor general may decide to refuse a prime minister's advice to dissolve Parliament if we recently had an election, the government has lost the confidence of the House of Commons, and there is another party leader who can form a viable ministry. The governor general may need to have uncomfortable chats with the prime minister about things the government is planning that aren't constitutionally wise or proper. In a crisis or emergency, furthermore, the governor general may be called upon to replace the prime minister. However rare these cases may be, they compel us to appoint governors general who have the strength of character to stand up to an errant government when necessary, and to go through the formal motions the rest of the time.
Finding someone who has both a strong commitment to national service and the judgment to act as a constitutional guardian is not easy. When we add bilingualism and past professional excellence to the mix, the task becomes that much harder.
There is no question, moreover, that we should strive to appoint viceregal representatives who reflect Canadian multiculturalism and diversity. In response to these criteria, commentators have emphasized procedural reforms, such as more rigorous candidate vetting and the revival of the appointments committee established by former prime minister Stephen Harper. These are important steps, but they are focused on form over substance.
Our starting point should be recognizing the particular qualities we are looking for in a viceregal representative and not confusing them with other accomplishments. Let us first be clear about what we want in our governors general before we figure out the best way to find them.