 |
| Murray Simser |
The role of the Governor General has, by law, convention and custom, been meticulously crafted to exist above the politics of the day. This is not a matter of mere convenience, but a fundamental design feature intended to safeguard the impartiality of the Crown and ensure its enduring function as a non-partisan symbol of national unity and constitutional continuity. The office serves as a crucial, apolitical anchor and, frankly, a back-up plan if it came to a dictator in Canada, in a vibrant parliamentary democracy, acting on the advice of the elected government while maintaining an essential distance from the policy debates that characterize political life.
This deliberate calibration is precisely why the Governor General is empowered to fulfill duties such as granting royal assent, dissolving Parliament and acting as commander-in-chief — functions that demand absolute impartiality to retain their constitutional legitimacy, especially during a serious domestic crisis where the government oversteps. Would you trust someone to do this who felt unable to act and/or make impartial decisions?
Her Excellency the Right Honourable Mary Simon, in a recent interview, however, presents a striking departure from this foundational understanding. One cannot help but be taken aback by the explicit engagement with deeply sensitive and politically charged issues such as Indigenous affairs, the historical complexities surrounding residential schools (including references that touch upon denialism), and even the disposition of a corporation’s assets. These are not abstract constitutional points; they are matters of live policy, ongoing national debate, constitutional debates, live and likely ongoing legal matters, and direct governmental responsibility. For the Governor General to wade into such specific policy advocacy or express personal views on these files is, quite frankly, an unexpected and novel, albeit ill-advised, departure from traditional confines of the office.
Consider the logical flow of consequences of such a shift. The authority vested in the Governor General is derived from the Crown, an authority that is fundamentally symbolic and ceremonial, precisely because it is not intended to be political or policy-driven. When the representative of His Majesty King Charles III begins to articulate positions on unresolved, before the courts and contentious issues, or to suggest how “Canada should conduct itself” in matters of ongoing political dispute, a significant constitutional threshold is arguably crossed. This is not the realm of an impartial arbiter or a unifying symbol; it is the arena of direct political engagement, typically reserved for those who are democratically elected and thus accountable to the Canadian populace.
The consequence of such a redefinition is profound, and perhaps, for the institution itself, irreversible in the short term. If the Governor General actively engages in policy commentary, particularly on issues that are highly divisive, the office risks losing its essential characteristic of non-partisanship. Once perceived as having a political agenda or expressing personal opinions on governmental matters, the very capacity of the Governor General to serve as an impartial head of state’s representative becomes inherently compromised. The essential trust placed in the Crown’s representative — that they stand above the political fray and embody the entirety of the nation without favour or prejudice — is gradually, but inexorably, eroded.
Therefore, the unexpected turn taken by Governor General Simon’s recent public statements compels a dispassionate, yet rigorous, assessment. Her actions invite the conclusion that she has, through her own deliberate choices, stepped beyond the accepted boundaries of the office. The critical question for the legal and constitutional community is this: can an individual who has chosen to engage so directly in policy advocacy and political commentary continue to credibly embody the non-partisan, unifying presence of His Majesty in Canada? The measured assessment of the consequences suggests that such a trajectory may indeed lead to the inescapable conclusion that Her Excellency is quite simply no longer the actual representative of His Majesty in Canada. God Save the King!
Murray Simser, a Silicon Valley serial entrepreneur, is founder of CITIZN, a platform designed to make democracy less dysfunctional. Simser, a Toronto native, worked at Microsoft HQ as worldwide director of incubation, and served as chief executive officer of multiple public companies.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
Interested in writing for us? To learn more about how you can add your voice to Law360 Canada, contact Analysis Editor Peter Carter at peter.carter@lexisnexis.ca or call 647-776-6740.