The opening of the Canadian parliament is the commencement of a session of the Parliament of Canada following a general election. It involves summons from the governor general on behalf of the monarch and a ceremony based on the same in the United Kingdom, [1] though less elaborate and now evolved to include uniquely Canadian elements.
At the same time as the governor general drops the writ for a federal election, he or she also issues a royal proclamation summoning Parliament—setting the date for the opening of the next parliament following the election (though, the date may be amended by subsequent proclamations, so long as Parliament eventually meets as required by the Constitution Act, 1867). [2] These read as follows:
TO ALL WHOM these Presents shall come or whom the same may in any way concern,
Greeting:
A proclamation
Whereas We are desirous to meet Our People of Canada as soon as may be and to have their advice in Parliament;
We do hereby, by and with the advice of Our Prime Minister of Canada, summon and call together the House of Commons of Canada, to meet at Our City of Ottawa, on [date], then and there to have conference and treaty with the Senate of Canada. [2]
A later proclamation gives the precise time for parliament to open:
To Our beloved and faithful SENATORS of Canada, and MEMBERS elected to serve in the House of Commons of Canada, and to all whom these Presents may in any way concern,
Greeting:
A proclamation
Whereas Our Parliament of Canada was dissolved on [date];
Therefore We, by these Presents, command each of you and all others interested in this behalf to appear in person on [date], at [time] at Our City of Ottawa, for the DISPATCH OF BUSINESS, to treat, do, act, and conclude upon those things that Our Parliament of Canada may, by the Grace of God, ordain. [3]
Of the governor general's deputies, only the justices of the Supreme Court can summon Parliament (though they, like the other deputies, may not dissolve it). [2]
Canada has two types of opening for the federal Parliament. While both include the monarch, governor general, or another delegate reading the throne speech, they are differentiated by scale: Larger openings, called bench openings, require a rearrangment of the seating in the Senate to accommodate the number of official guests—the justices of the Supreme Court, lieutenant governors, former prime ministers, members of the King's Privy Council for Canada, members of the diplomatic corps, and any spouses—and the galleries are reserved for other guests. Smaller openings, called desk openings, do not require the removal of senators' desks, as guests are limited to the justices of the supreme court, invitees of the governor general and prime minister, and the deans of the diplomatic corps. The speaker of the Senate establishes the guest list, though the size of the ceremony is determined by the prime minister. [4]
The opening of the first session of a parliament takes place over two days; the opening of a subsequent session of the same parliament requires only one day. [5] On the first, routine business is conducted. After such is concluded, the speaker of the Senate commands the usher of the Black Rod (usually called simply black rod) to summon the members of the House of Commons to the Senate. Once assembled, the speaker addresses the congregation, stating "honourable members of the Senate, members of the House of Commons: I have it in command to let you know his [or her] excellency the governor general does not see fit to declare the causes of his [or her] summoning of the present Parliament of Canada, until a speaker of the House of Commons shall have been chosen, according to law; but tomorrow, [date], at [time], his [or her] excellency will declare the causes of his [or her] calling this parliament." The members of Parliament then return to the Commons to elect the speaker for that chamber. The speech itself is delivered the following day.
As the King's representative, the governor general attends Parliament to deliver the speech from the throne, although this can and has been done by the sovereign themselves or another representative. For example, Queen Elizabeth II gave the speech from the throne in 1957 and 1977. [6] Accompanied by four officers of the Royal Canadian Mounted Police, the governor general usually rides in the State Landau, often accompanied by the viceregal consort, between Rideau Hall and Parliament Hill, where the governor general inspects a Canadian Armed Forces guard of honour. [7] Once the viceroy is in the Parliament building, the usher of the Black Rod is again sent to call the members of the House of Commons to the Senate. Upon arrival at the bar of the Senate, the speaker of the House of Commons addresses their counterpart in the Senate, asserting the rights and privileges of the Commons and its members. The speaker of the Senate, on behalf of the governor general, responds that the Crown will "recognise and allow their constitutional privileges". The governor general, seated on the throne, then reads the throne speech, [8] during which the Senate's mace is held by the Mace Bearer, who stands to the side of the throne. [9]
The address is followed by a debate and vote in both houses of Parliament. Formally, the motion merely calls on Parliament to thank the monarch or viceroy for the speech via an address in reply. Until 1897, this was a more detailed message, covering the content of the throne speech point by point. [10] Today, in the Senate, it takes the form of simply:
That the following Address be presented to His [or Her] Excellency the Governor General of Canada
To Her [or His] Excellency the Right Honourable [name], Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, His [or Her] Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament. [10]
The debate is, however, often wide-ranging, exploring many aspects of the government's proposed policies, and spread over several days. When the address in reply is eventually voted on, the poll is held to constitute a motion of confidence in the government, which, if lost, would result in the end of that government's mandate. [11] This discussion and vote follows a symbolic raising of other matters, designed to highlight the independence of Parliament from the Crown; a practice that originated after King Charles I was tried and executed by the Parliament of England. [12] In the Senate, it is Bill S-1, an Act Relating to Railways. [13]
Ahead of the opening of the provincial legislature, the lieutenant governor of British Columbia, representing the Canadian monarch, arrives at the Parliament Buildings to a 15-gun salute fired by cannons brought into Victoria's inner harbour. The viceroy will inspect the guard of honour in front of the legislature before entering the building via the ceremonial entrance.
Inside the legislative chamber, where members of the Legislative Assembly (MLAs), invited guests, and the press have gathered, the lieutenant governor takes the speaker's chair as the throne. From there, the viceroy recites the speech from the throne.
Thereafter, six days are set aside for the MLAs to debate the Executive Council's agenda as spelled out in the throne speech. The debate is regarded as the address in reply, begun by a minister of the Crown tabling a motion supporting the viceroy's speech. At this point, His Majesty's Loyal Opposition may criticize the government's priorities. The vote on the speech, however, is of paramount importance, as it is considered a confidence vote; if the majority of MLAs vote against the throne speech, the ministry must either resign or the prime minister must advise the lieutenant governor to call an election. [1]
Following a general election, the Legislative Assembly of Nova Scotia is summoned to Province House, in Halifax, by the monarch's representative, the lieutenant governor of Nova Scotia. After the viceroy has commanded the assembly to elect a speaker, and has approved the new speaker, the lieutenant governor declares the new legislative session open. The viceroy, typically wearing civil uniform, arrives at the parliament building, being greeted by a Canadian Armed Forces guard of honour and band, taking the royal salute, followed by a 15-gun salute on Citadel Hill and flag party. The lieutenant governor then enters Province House through a phalanx formed by the official escort.
Inside the assembly chamber, the seargeant-at-arms announces the lieutenant governor's arrival. The latter is escorted to the speaker's chair, which is used for the occasion as a throne, though the province does have a separate throne. The viceroy then delivers the throne speech, setting out the ministry’s agenda for the legislative session.
Once the speech is concluded and the lieutenant governor departs, the speaker takes his or her chair. An Act Respecting Oaths of Office is introduced by the minister of justice as a pro forma bill, symbolizing the independence of the legislature from the Crown. The address in reply is made following debate on the throne speech, initiated by a cabinet minister and seconded by another and a speech from the leader of His Majesty's Loyal Opposition. This is often when new members of the assembly will make their maiden speech. The address in reply remains on the order paper for the entirety of the session and may, at any moment, be called for debate. [14]
The governor general of Canada is the federal viceregal representative of the Canadian monarch, currently King Charles III. The King is head of state of Canada and the 14 other Commonwealth realms, but he resides in his oldest and most populous realm, the United Kingdom. The King, on the advice of his Canadian prime minister, appoints a governor general to carry on the Government of Canada in the King's name, performing most of his constitutional and ceremonial duties. The commission is for an indefinite period—known as serving at His Majesty's pleasure—though five years is the usual length of time. Since 1959, it has also been traditional to alternate between francophone and anglophone officeholders—although many recent governors general have been bilingual.
The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign and head of state. It is one of the key components of Canadian sovereignty and sits at the core of Canada's constitutional federal structure and Westminster-style parliamentary democracy. The monarchy is the foundation of the executive (King-in-Council), legislative (King-in-Parliament), and judicial (King-on-the-Bench) branches of both federal and provincial jurisdictions. The current king of Canada is Charles III, who has reigned since 8 September 2022.
The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law.
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.
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