OTTAWA, ON: The
Justice Centre for Constitutional Freedoms announces that a factum has been
filed in the Federal Court of Appeal in a case seeking clarity on when a prime minister of Canada may lawfully prorogue Parliament.
The appeal challenges Chief Justice Paul S. Crampton’s March 6, 2025, judgment dismissing the underlying judicial review.
The case invites the Federal Court of Appeal to consider two central questions:
- What is the scope of a prime minister’s power to advise prorogation?
- Did the Prime Minister’s January 6 decision fall within that scope?
The appellants argue that there must be limits on the power to shut down Canada’s democratically elected legislature. They urge the Court to confirm that prerogative powers cannot be used to stymie the will of Parliament or frustrate its constitutional role as a check on executive power.
The issue of the prorogation of parliament captured national attention in January 2025, when former Prime Minister Justin Trudeau advised Governor General Mary Simon to prorogue the first session of the 44th Parliament until March 24, 2025, a move widely seen as politically motivated. Critics argued that the suspension of Parliament stalled important legislative work on major issues like tariffs, raising fundamental questions about the limits of executive power in Canada.
Constitutional lawyer Darren Leung said, “The prime minister does not have unlimited power to close Parliament on a whim. He cannot stymie the important constitutional role of Parliament just because it is inconvenient to his personal goals.”
“It is for Parliament to supervise the executive branch of government, not the other way around,” he added.
