Toronto Star

Standing on guard for democracy

- Martin Regg Cohn Twitter: @reggcohn

She is custodian of the crown’s authority, the personific­ation of its power.

Lt.-Gov. Elizabeth Dowdeswell cannot wield it at will, but she has her ways.

Yes, there are clear constraint­s on the Crown — elected officials shall prevail in our democracy, provided they have the votes.

But in revealing comments this week, Dowdeswell made it clear that she will jealously guard the prerogativ­es of her high office. It’s part of her job descriptio­n as someone who is both passionate about democracy, and a protector of our democracy.

Speaking to a Ryerson University democracy forum — A Conversati­on with the Crown: Sustainabl­e Democracy — she outlined her role as a constituti­onal and electoral umpire who must rise above the partisan fray. What happens when the public is up in arms about a politician who claims a mandate from the people? The first instinct of many voters is to demand the Crown intervene from on high, as happened last year when Premier Doug Ford downsized Toronto city council in mid-campaign, without warning.

What does Dowdeswell tell petitioner­s who march on Queen’s Park to protest government policies they consider unjust or unconstitu­tional, notably the Toronto controvers­y?

“Very often people just want to be heard, and I think that’s the first step,” the lieutenant­governor told me in a rare joint appearance with her predecesso­r, David Onley.

But, she added pointedly, there is also a second step in her dealings with the premier of the day — and she has dealt with two so far.

“I think it’s also important for people to understand that a lieutenant-governor has certain rights: You have the right to be informed. You have the right to encourage and to advise. And you have the right to warn.

“That is not done in the public eye, it’s done in confidence. But you can be sure that it is done.”

In other words: A premier cannot take the Crown for granted.

Half-jokingly, I asked what she told the premier on this topic. Unsurprisi­ngly, she parried the question.

But Dowdeswell seemed dead serious about her role in “convening conversati­ons” with the people of Ontario, conveying those consultati­ons to her premier — and questionin­g him.

“The other thing we can do is ask questions, and that is definitely part of the due diligence,” she continued. “Ultimately, you take your advice from your first minister and the executive council (premier and cabinet) because it’s their responsibi­lity — they are the duly elected ones, the lieutenant-governor is not. And in that case, they are held responsibl­e for the decisions they take.”

Politician­s come and go. But the Crown endures.

It is a delicate dance. Neither side dares overstep or overreach, lest they be trampled underfoot.

But it happens. Onley recounted his own misadventu­re with former premier Dalton McGuinty, who asked him to prorogue the minority legislatur­e in 2012 — essentiall­y a timeout to press the reset button.

Prorogatio­n is a relatively routine piece of parliament­ary housekeepi­ng, which has never been refused in Canada since Confederat­ion, Onley points out. But it became controvers­ial when then-PM Stephen Harper used it to stave off defeat in 2008, and again when McGuinty used it to buy time so he could hand over power to a successor.

In the aftermath, the lieutenant-governor’s office was flooded with demands that he revoke prorogatio­n, recall the legislatur­e and rescind the premiershi­p from McGuinty. Onley responded to the outcry by granting me an interview at the time, explaining in unpreceden­ted detail how the prorogatio­n power play unfolded, and the limits to his authority.

But a column cannot truly clarify an office cloaked in opacity, nor can a university forum easily explain what remains inexplicab­le.

Ontarians tell Dowdeswell they see her office as a “guarantor of democracy” and the “conscience” of the province. Yet it remains remote to many.

Even the Speech from the Throne, which outlines the government’s agenda for a new session of the legislatur­e, remains a misnomer wrapped in a mystery: The text is prepared by the party in power, then handed to the lieutenant­governor to read from the Speaker’s chair (No, there’s no throne).

It didn’t escape notice that the first Progressiv­e Conservati­ve speech from the throne dropped the now traditiona­l Indigenous greetings or acknowledg­ments, omitted any French usage and made no mention of the fight against climate change. Given Dowdeswell’s distinguis­hed environmen­tal credential­s — in a previous life, she headed the United Nations Environmen­t Programme — and her own preference for Indigenous greetings in her own speeches, was it difficult to read the throne speech?

Onley came to her rescue by joking that it was nothing new for him to have people “put words in my mouth” — in his previous work as a newscaster, he routinely read scripts written by others.

More seriously, Dowdeswell noted that those aren’t her decisions — whether debating global warming or refurbishi­ng the throne speech:

“You have to be apolitical, non-policy-prescripti­ve, nonpartisa­n,” she mused. “It’s not up to me to tell citizens what they should believe and what they shouldn’t believe.”

 ?? TOM SANDLER FILE PHOTO FOR THE TORONTO STAR ?? Ontario Lt.-Gov. Elizabeth Dowdeswell and her predecesso­r, David Onley, say part of their job is advising the premiers in power during their tenure.
TOM SANDLER FILE PHOTO FOR THE TORONTO STAR Ontario Lt.-Gov. Elizabeth Dowdeswell and her predecesso­r, David Onley, say part of their job is advising the premiers in power during their tenure.
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