Even after Justin Trudeau’s resignation convulsed Canadian politics, the relentless cavalcade of government spending announcements proceeded apace.
Tens of millions of dollars were committed to the clean fuels sector, to youth theatre modernization, to the revitalization of the Michif language and to address substance abuse.
This reflected the message coming out of the Prime Minister’s Office and the Privy Council Office (PCO) to department heads that it is “business as usual.”
A meeting of deputy ministers last week hosted by PCO emphasized that the executive branch of government will continue as normal and that regular meetings of the Treasury Board, which considers proposals for funding, will continue to be scheduled and attended.
However, sources suggest the idea that bureaucrats should simply keep calm and carry on is getting pushback from senior public servants, who believe decisions should be subject to the “caretaker convention” that pertains during elections.
Constitutionally speaking, PCO is exactly right. As parliamentary scholar Philippe Lagassé recently noted in an article, the prime minister’s authority is unchanged. Trudeau held the confidence of the House of Commons before the House rose in December and is still presumed to hold it until the House says otherwise.
Yet everyone knows the “business as usual” directive is an illusion: the Liberals know it, the opposition knows it and, most importantly in this case, so does the public service.
The “caretaker convention” is officially triggered when the Parliament is dissolved and an election is sparked.
As Lagassé explains, it is all about respecting the principle of restraint and it demands that the prime minister and cabinet not make decisions that would bind potential successors. It requires that the bureaucracy only perform routine and non-controversial business, such as service delivery. Crucially, it dictates that ministers not use the machinery of government to push a partisan agenda.
While Canada is not in an election, we have entered a period of unprecedented uncertainty that should not be used as cover for a spike in funding for projects and initiatives that are not likely to be treated favourably by another prime minister, even a Liberal one.
The greater danger here is a last-minute spending spree, as Liberal partisans scramble to fund pet projects
Files that are already well-advanced will continue, but the bureaucracy should be on guard against attempts to introduce new initiatives that would be accounted for in a coming budget or through the estimates process.
The exceptions should be responses to the very real threats posed by the inauguration of Donald Trump as U.S. president. Even under the caretaker convention, retaliatory tariffs or border-security initiatives would be considered “urgent and in the public interest.”
Many cabinet ministers who were expected to run for the Liberal leadership have said they do not plan to do so, namely Mélanie Joly, Anita Anand, Dominic LeBlanc and Steve MacKinnon. Trudeau may be able to avoid the necessity of another cabinet shuffle, allowing the people around him to conduct the necessary, ongoing work of government.
But sources suggest memorandums to cabinet are being submitted, seeking funds for new initiatives that are not part of the current fiscal framework.
“Treasury Board and Finance are saying ‘no’ or slow-rolling them until a new prime minister is elected,” said one person with knowledge of the situation.
The inestimable Lagassé warned last week on X about the dangers of “caretaker creep.”
“It benefits the risk intolerant public service but nobody else,” he said.
I’m not sure about that. Nobody is arguing that the public service should run the government. Even during a caretaker period, ministers retain constitutional responsibility and legal authority.
But the greater danger here is a last-minute spending spree, as Liberal partisans scramble to fund pet projects that are unlikely to survive a change of government.
There is a school of thought that says Justin Trudeau no longer has the moral authority to govern.
Given the circumstances with Trump’s looming inauguration, I think it is better that he stays in situ until his successor is chosen. But he certainly lacks the moral authority to push through his policy agenda — hence the need for a quasi-caretaker convention to be recognized in Ottawa.
Twitter.com/IvisonJ
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