This just in from the Law Union, a longstanding Toronto-based association of lefty lawyers and judges. Filed under N for “not exactly a huge surprise:”
"Harper should not be allowed to prorogue Parliament. The mainstream media are not providing basic information about this step.
"The Speaker of the House in Sri Lanka dealt with an attempt by a Prime Minister to govern without Parliament for a proposed two-month period. In a well-researched decision, he said:
"The act of prorogation is accepted to be a prerogative act of the head of state. However by convention it is well established that in no country is the Parliament prorogued against its will."
The Prime Minister MAY approach the Governor-General to request that Parliament be prorogued, BUT she (the head of state) ought not to accept this request unless it reflects the will of Parliament.
It is RIDICULOUS to suggest that, following the election on October 14th, Harper should get to govern until some time in the new year, without establishing that he has the support of a majority of the House of Commons.
Doubt it - unlikely that the Court would think that there is a reviewable issue here (this is the power of the Sovereign after all).
Post Script: I asked a former mucky muck in the Ministry of Justice whether Harper might have a case he could take to the Supremes if he gets turned down by the GG.
"Doubt it--unlikely that the Court would think that there is a reviewable issue here (this is the power of the Sovereign after all)"
