Did the Governor General say too much on refugees and the niqab?

However much a governor general is expected to speak to and of Canada and Canadians, touring the country and travelling abroad, he is perhaps best advised to generally avoid saying anything too interesting.

Consider, for instance, David Johnston.

• GG talks about new book with Peter Mansbridge
• Canadians' response to refugee crisis, niqab debate showed 'who we really are,' GG says
• David Johnston calls arrival of Syrian refugees a 'defining moment' for Canada

In an interview broadcast this week with the CBC's Peter Mansbridge, the viceroy discussed the relatively uncontroversial values ofinclusivenessand diversity and was asked about the issues of Syrian refugees and the niqab, both of which generated controversy during last year's election.

"Look at the outcome of those two, quote, crises," said Johnston, who is releasing a collection of letters he has written."Look at how Canada has managed the Syrian refugee crisis in an exemplary way and, in particular, how the grassroots communities have responded to that.

"And look at the debate with respect to the niqab, I think Canada showed its strength that that should not sidetrack us from who we really are."

He acknowledged, in response to the question, that he had been worried.

"And I continue to worry," he said,"about any initiatives that would cause us to be small minded and to lose that sense of a) inclusiveness, b) fairness [and]c) equality of opportunity."

In December, Johnston hosted a forum on the settlement of Syrian refugees and said, "this is a defining moment for Canada."

Governor General on niqab debate

9 years ago

Duration 1:10

David Johnston talks to Peter Mansbridge about his worries during the niqab debate last fall.

'His remarks were ... inappropriate'

The governor general's comments apparentlyupset Conservative Senator Linda Frum.

"Despite rumours to contrary partisanship in Ottawa alive and well," Frum tweetedon Wednesday night.

She subsequently retweetedcomments from others who felt the Governor General had overstepped.

"His excellency should not have opinions," offeredpolitical strategist Chad Rogers, a contributor to CBC's Power & Politics."That's his job."

Asked whether she considers Johnston, who was nominated by Stephen Harper in 2010, to be a partisan, Frum replied, "Of course he's not a partisan, which is why his remarks on CBC were so inappropriate."

'He did not weigh in on public policy'

Johnston is presumably still allowed to hold opinions; indeed, it has come to be accepted that a governor general has the right "to advise, to encourage and to warn" thehead of government.(During the conversation with Mansbridge, it was noted that the Governor General met with Stephen Harper about once every month on average.)

The question here is to what degree he is allowed to express his views outside the walls of Rideau Hall.

"As part of their responsibility of bringing Canadianstogether, governors general play a key role in promoting national identity by supporting and promoting Canadian values, diversity, inclusion, culture and heritage," Rideau Hall said Thursday in response to questions about whether Johnston had overstepped.

"Gov. Gen. David Johnston addressed this topic in a non-partisan and apolitical way by focusing on Canadian values and identity.He did not weigh in on public policy."

Why this could matter

The concern is potentially fundamental.

Whatever else the governor general does in the course of representing the Queen and acting as head of state, his greatest responsibility is ensuring the orderly functioning of a federal government. It is the governor general who dissolves Parliament to launch new elections and it is the governor general who appoints a prime minister and invites him to form a government.

In almost all cases, those decisions are straightforward, based on the party leader that has the confidence of the House or is clearly able to command the confidence of the House. But in rare circumstance imagine an unclear election result or an attempt by a coalition of parties to defeat and replace a sitting government the governor general could be compelled to invoke his reserve powers and decide to dismiss a prime minister or refuse his advice (or choose to offer someone else the opportunity to form a government).

Insofar as he might have to somedaymake a controversial decision with profound political implications, the governor general's impartiality is important. "The chief role of the governor general is to see that there is a government," says David E. Smith, the political and constitutional scholar."And for a governor general to take any publicly perceived partisan position would compromise his or her impartiality."

Power Panel: Governor General's comments

9 years ago

Duration 6:55

The Power Panel discusses the GG's comments in an interview with Peter Mansbridge and whether they cross into political territory.

A non-partisan GG

Partisans, or at least former partisans, have occupied Rideau Hall in the past. Roland Michenerand JeanneSauv were both former MPs, Michenera Progressive Conservative and Sauva Liberal(both also served as Speaker of the House of Commons). Ed Schreyer was a former NDP premier,Ray Hnatyshyn was a former Progressive Conservative cabinet minister and Romo LeBlanc was a former Liberal minister.

But the last three vice-regalshave come from outside partisan politics Johnston is a former academic and university administrator and, ahead ofJohnston's appointment,Stephen Harper established a committee of academics and experts to advise on potential nominees.

The 2008 controversy over a Liberal-NDP plan to defeat and replace the Conservative government also brought new attention to the sorts of decisions a governor general could have to make. Were Justin Trudeau to select a Liberal partisan to replace Johnston next year, he would almost certainly be inviting criticism.

A fine line

Had Johnston made his comments in the midst of last year'scampaign, or if there was a relevant matter currently before Parliament, greater controversy might have ensued. As is, his comments are also perhaps just opaque enough to avoid significant outcry.

EmmettMacfarlane, a political science professor at the University of Waterloo, was among those whoexpressed concernon Wednesday night, but other scholars contacted this week thought Johnston's were within appropriate bounds.

"The governor generaldoes have to be careful about not crossing into issues that are the subject of lively partisan debate.But that said, he can reflect on the general values he thinks Canadian have and should hold," says Andrew Heard, a professor at Simon Fraser University."It's a fine line at times, admittedly, but I thought Johnson kept his comments generalized during that interview."

With the recent election completed, it is exceedingly unlikely that Johnston will be faced with a difficult constitutional decision before he steps aside in 2017. And so, however much his impartiality might be questioned now, there is at least no reason to believe it will be tested before leaving office.

Governor General David Johnston pens new book of letters

9 years ago

Duration 14:53

Governor General David Johnston has a new book, a collection of letters he's written to Canadians about what makes Canada unique. He sat down to chat about it with Peter Mansbridge.