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norman spector

Assuming that Jack Layton agrees with the analysis of his former campaign manager, Brian Topp, it would appear that the NDP is prepared to declare victory in its battle against prorogation. I say assuming, because if you read Mr. Justice Michel Shore's decision in the case of Conacher v. Canada (Prime Minister), you'll quickly see that the motion adopted by Parliament last week meets none of the tests for establishing a convention, notwithstanding Mr. Topp's learned analysis.

In other words, while Prime Minister Stephen Harper would be foolish to abuse again the process of prorogation as he did this year, nothing prevents him from requesting that Her Excellency prorogue Parliament for more than seven days without the approval of Parliament, as the NDP resolution would require. And nothing would stop him from proroguing as he did in 2008 to beat back what The Economist magazine at the time labelled an opposition "coup."

That said, it is wise for the NDP to declare victory on this score, since, given the relevant constitutional test set out in Mr. Shore's decision, unless Mr. Harper agrees there is no way for Mr. Layton to curb the prorogation power short of a constitutional amendment. Less wise is the course of action the NDP is taking with respect to the release of Afghan detainee documents.

As is now widely known, over the weekend Gilles Duceppe compared his party's program to the French resistance movement against the Nazis. However, less attention has been paid to the bottom line of his speech to party militants:

"We must now move from the path of resistance and the defence of Québec's interests to the attack mode. We must take power in Québec and hold a referendum."

With Canadian soldiers still in the field, I doubt that many of my neighbours in British Columbia, one of the NDP's strongholds, will look positively right now on Mr. Layton pressing Mr. Harper to release unvetted documents to Bloc MPs. Unless he's looking for a hill to die on with "le chef de la résistance," therefore, this is one more battle on which the NDP leader would be wise now to declare victory and move on to something else.

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