Trudeau is unlikely to recall Parliament at opposition's demand. Here's why
Experts say Trudeau has the powers he needs to deal with Trump without sitting MPs
As Prime Minister Justin Trudeau meets with Canada's premiers and works with cabinet to craft his government's response to an unpredictable Trump administration, he's also batting away repeated demands from opposition leaders to recall Parliament.
Conservative Leader Pierre Poilievre and NDP Leader Jagmeet Singh say Parliament must return so that the government can pass new legislation that will strengthen the border and protect workers and businesses, respectively.
The leaders argue such legislation is necessary to deal with the possibility Trump will impose 25 per cent tariffs on most Canadian imports.
Experts, including two former clerks of the Privy Council, have told CBC News that call is likely to go unanswered, not only because Trudeau currently has the powers he needs, but because doing so without a parliamentary truce in place would be bad for the country.
The state of Parliament
Having lost the confidence of his own party, Trudeau announced Jan. 6 that he was stepping down as prime minister, kicking off the race to succeed him as leader of the Liberal Party.
That contest will come to a vote on March 9, with the winner also becoming prime minister. But until then, Trudeau remains in his role.
Before he asked Gov. Gen. Mary Simon to prorogue Parliament until March 24, Trudeau had faced, and won, several votes of non-confidence introduced by the Conservatives.
While Parliament was in session, not much else was getting done because a debate on a matter of privilege had all but brought the House of Commons to a standstill.
That debate stems from a House order directing the government to hand over unredacted documents related to a now-defunct foundation responsible for doling out hundreds of millions of dollars for green technology projects.
One after another, Conservative MPs stood to speak to a motion related to the debate that was introduced by their party, filibustering House proceedings.
It is a tactic the Conservative said they would continue to employ until the Liberals provide the House law clerk the requested documents, something they still haven't done.
Because the debate is considered a question of privilege, the House was unable to move forward with most of its usual business.
What the opposition wants
On Monday, Poilievre repeated calls he has made before that Trudeau should recall Parliament, this time to pass a "Canada-first" border plan that addresses Trump's concerns.
Trump has said that unless Canada cracks down on human trafficking and the flow of fentanyl across the border he will impose broad tariffs, a threat now delayed to next month.
Poilievre has said that the Liberal leadership contest has left the governing party "concerned about themselves, their own self-interest, rather than immediately recalling Parliament so that we can pass a Canada-first plan."
Singh said last week that Parliament needs to be recalled in order to pass legislation to protect workers and businesses should Trump impose tariffs.
"Is the Liberal government seriously saying they're going to do nothing for workers for two months and wait until the end of March? Recall Parliament right away, let's put in targeted supports," Singh said.
Spectre of non-confidence
If Parliament is to be recalled, and legislation is to be passed, the government would need assurances that opposition parties would allow Parliament to function.
Christopher Cochrane, a political science professor at the University of Toronto, said he thinks Trudeau won't recall Parliament and "there's no question" the lack of those assurances is why.
"I think the Liberals shouldn't have put the country in the position that they put the country in. But given that they did, they need to have a leader going into the next election," Cochrane said.
"Having a completely headless government over the course of a campaign, no one knowing who the leader's going to be, is not a viable path forward for the next few weeks for the country," he said.
Michael Wernick, who served as the clerk of the Privy Council from 2016 to 2019, said Parliament should only be recalled under a flag of truce, where non-confidence votes and privilege motions are put on ice for a set period.
"There's no point in going through all the trouble of rebooting Parliament if you're just going to stab the government in the chest and force an election," Wernick said.
Would the opposition support a truce?
On Monday, Poilievre was asked if he was "willing to work with other parties to come up with an agreed upon plan" that would be acted upon if Parliament resumed. The Conservative leader sidestepped the question.
"Of course we can't do any of those things because Justin Trudeau and the Liberals have shut Parliament. Parliament is closed. You should direct your question to the Liberals," he said.
Two days later, Poilievre said recalling the House is the "only responsible course of action," but once again sidestepped the issue of a parliamentary truce.
Singh said he is still committed to bringing Trudeau's time in office to an end later this spring. But he's willing to prop up the government to get a relief package through first.
Bloc Québécois Leader Yves-François Blanchet, whose party's support would be enough to keep the Liberals standing in the House, said there's "no way" he would back the government should Parliament be recalled.
"If the Liberals want things to become clear and want to help people they should simply start the election sooner," he said.
Powers without Parliament
The clerk of the Privy Council has three roles: The first is to act as a deputy for the prime minister, a bureaucratic role. The second is to be secretary of the federal cabinet and the third is to act as the head of the federal public service.
Wernick and Mel Cappe, who served as clerk from 1999 to 2002, say that unless Trudeau has made private promises to Trump requiring immediate legislation, the prime minister has the powers he needs to deal with the tariff threat.
"There is no constitutional requirement to recall Parliament now," Cappe told CBC News. "And there is nothing that I have seen in the comments of the prime minister that he doesn't have the authority to exercise."
Wernick said that the prime minister, members of his cabinet and the public service currently can do anything authorized under laws already in place.
That includes negotiating with Trump, meeting with the premiers and drawing on Employment Insurance to help Canadians if required.
"What you don't have when Parliament's not sitting, either prorogation or election, is ability to quickly pass a new law," Wernick said.
- This Sunday, Cross Country Checkup is asking: What grade are you giving the Trudeau government on Trump's tariff threat? How will it affect your vote? Leave your question here and we may read it on the Feb. 9 show.
He said a budget implementation act or new program, like the Canada Emergency Response Benefit (CERB) during the pandemic, would require Parliament.
Both former clerks said that even to appoint a new fentanyl "czar" does not require legislation.
Wernick said the federal government also has access to contingency funds and can re-prioritize already approved funding to related initiatives if required, such as spending $200 million to fund a Canada-U.S. Joint Strike Force to combat organized crime and money laundering — another promise Trudeau made to Trump on Monday.
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