Questions swirl about Parliament’s return

If it’s a minority government, winner’s hands may be tied by law limiting federal spending

FREDERICTON, N.B.— Voters will cast a ballot Monday expecting the volatile political landscape will finally settle after the 78day campaign, either by Tuesday or at least within a few weeks.

However, the prospect of a long delay before Parliament returns grew Friday when Conservative Leader Stephen Harper refused to address a question about whether he’d bring Parliament back with- in 60 days if he wins the most seats.

“I am, as you know, going to refrain on speculating on post-election scenarios between now and Monday,” Harper said in Quebec City before travelling to New Brunswick.

Winning the most seats may not be decisive — for any leader. Public opinion polls show a Liberal minority government is the likely outcome.

Conservatives still say a Harper-led mi- nority could be the outcome.

Harper’s hands — or any other leader’s — may be tied, not by the machinations of trying to find another political ally but by a law passed in 1997 that limits the ability of federal departments to spend money under special warrants beyond 60 days after the election writs are returned without convening Parliament.

Until Parliament resumes and expresses confidence in a new government’s agenda — through its throne speech — a government that has dissolved parliament to seek re-election functions as a “caretaker” of public money and policy, according to the Privy Council Office in guidelines it outlined before the election call in August.

It applies to the outgoing government during any post-election transition to a successor government as well, according to the PCO.

Anew government is generally expected to meet the House of Commons as quickly as possible to determine if a prime minister has the confidence of a majority of 338 MPs elected.

University of Ottawa law professor Adam Dodek said that beyond the constitutional requirement that parliament sit once a year, “there is no clear constitutional convention but there is great pressure to bring the House back soon — within four to eight weeks, especially in a minority government situation, in order to demonstrate confidence.”

The puzzle of what Parliament would look like when it does return — and how it should unfold — has got constitutional experts musing and writing about what-ifs.

A senior Liberal official said Trudeau is committed to bring Parliament back “as soon as possible.”

Asked if he would commit to instituting transparency around discussions between the prime minister and governor general, New Democrat Leader Tom Mulcair dodged a direct answer to the Star’s Joanna Smith.

“I want to avoid putting (Governor General) David Johnston . . . into that very difficult situation. That’s why the best way to avoid it is with a strong, majority NDP government on Monday," Mulcair said Thursday at a campaign event in Sherbrooke, Que. Former g overnor g eneral Adrienne Clarkson wrote in the Globe and Mail this week that the veil of secrecy should be lifted on discussions between the prime minister and the governor general on “important matters such as a decision to call upon a certain leader to form a government in the absence of a clear majority.”

Non-disclosure does not serve the Canadian public in a system of responsible government, she wrote.

Clarkson also wrote: “Anything done to avoid gaining confidence of the House is a betrayal of the principles of responsible government.”

“The political leader called upon by the Governor General to go into the House and command the confidence of it is at the very heart of what we believe to be our democracy.

“There should not be any unseemly delay in recalling the House, nor should there be prorogation for an election before the leader has met the House.

“The machinery of government must be able to continue and it must not be held up in our system by a failure to call the House together, elect a speaker, and give a speech from the throne.

“There is no more important task for the House of Commons than deciding which party or combination of parties has its confidence to govern,” Clarkson added.

Harper has deflected all kinds of questions at this stage in the campaign.

Asked Friday whether he intends to remain as an MP for Calgary Southwest if he wins only a minority government or lands in opposition on Monday, Harper shrugged with a touch of impatience: “I’m not a pundit. I’m a party leader. I am leading a campaign for the future of our country.”

Stephen Harper has sidestepped questions about whether he will remain as an MP if he wins only a minority government and lands in opposition