What the Governor General could do 
by Romeo St. Martin

[PoliticsWatch Updated 6:15 p.m. May 12, 2005]

OTTAWA  — A government is involved in a headline-grabbing scandal and the opposition uses its power to paralyze Parliament.  
 
The opposition begins a procedural warfare against the government moving regular votes of confidence. 

Sound familiar? 

Well it's not Canada 2005, but Australia 1975. 

And the only way this deadlock was solved was when the Governor General intervened, sacked the prime minister and appointed the opposition leader as caretaker prime minister. 

While Canada's Parliament appears deadlocked, both Conservative Leader Stephen Harper and Bloc Leader Gilles Duceppe said Thursday they hope Governor General Adrienne Clarkson is watching the situation on the Hill. 

"I think the Governor General herself will have to watch what's occurring here," Harper said, shortly after his party teamed up with the Bloc to shut down Parliament for a second-consecutive day. "I think she should be concerned that she has a government that does not have a mandate from the House of Commons."

The Governor General's press secretary told PoliticsWatch Thursday that Clarkson has been in contact with "a number of leading constitutional experts."

"Those names have never been formally given in public, nor do we feel it is appropriate to do so," said Randy Mylyk. "The meetings and consultations take place in a very private and confidential basis.

"In recent days the Governor General has had an opportunity to be in contact, in more frequent contact, with these individuals and will continue to do so in the coming days." 

The Australian case, known as the Whitlam Dismissal, is one of the few precedents in the Westminster system where the head of state used its reserve powers to remove the leader of the government. 

While there are similarities between what is going on in Canada now, the primary difference so far is that the leader of the government refused to give in to demands of the opposition parties. 

Prime Minister Paul Martin has agreed to put his minority government to a test of confidence next week, so a Whitlam solution seems unlikely. 

Nonetheless, it is still an interesting study in the power of the Governor General.

In 1975, the Australian government of Labour leader Edward Gough Whitlam, who had a majority in the House, had its budget stuck in the Senate when the opposition Liberal party used its majority there to block its approval. 

The whole controversy began in 1974, when the Australian energy minister became embroiled in what was known as the "Overseas Loans Affair."

The minister had earlier been caught trying to secure a $4 billion loan for various energy projects from Middle Eastern interests. His authority to raise loans was withdrawn in 1975, but a newspaper later obtained documents showing he continued to have contact with the middleman in the original arrangement. 

While it is small potatoes when compared to some of the things coming out of the Gomery inquiry in Montreal, on October 14, the minister had to resign for misleading the House. 

The following day, Malcom Fraser, the leader of the Liberal party, said he would use his party's control of the senate to block budget bills until Whitlam called an election. 

For the next three weeks the opposition parties brought forward confidence motions that were defeated by the Labour party in the House while the budget remained stalled in the senate. 

By November 3, Fraser said he would allow the bills to pass if Whitlam called an election by May of the next year. That offer was rejected. 

As both Houses were involved in a deadlock the Governor General stepped in on November 11, 1975, which is considered the most historic day in Australian politics.

Whitlam met in the morning with the other opposition leaders and said he would call a half-senate election immediately unless the bills were passed. He then made an appointment to visit to Governor General Sir John Kerr to call the election. 

The Governor General, unknown to the prime minister, tells the opposition leader to visit his residence at 1:00 p.m.

At 1:15 p.m., with the Whitlam and Fraser both at his residence, Kerr sacks Whitlam. Fifteen minutes later, Fraser is commissioned as caretaker prime minister. His role was to dissolve Parliament and to call an election, but he could not form a cabinet or make appointments. Once this happens, the senate passes the budget. 

An hour later, Fraser arrives in the House to inform them that he is now prime minister and moves that the House adjourn. But the majority Labour MPs defeat that motion. 

An hour later, Whitlam - who is now just an MP -- moves a motion of non-confidence in Fraser, which is passed. 

At 4:50 p.m., the Governor General's secretary arrives in Parliament to dissolve it and Australians head to the polls. 

Thirty-three days later, Whitlam and Labour are defeated at the polls  as Fraser secures the largest majority in Australian political history. 

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