Media Advisory: BCCLA at prorogation challenge to argue for parliamentary accountability

Press Release

February 12, 2025

WHAT: BCCLA at Federal Court to intervene in MacKinnon v Canada

WHEN: February 13 and 14, 2025, at 9:30 am EST/ 6:30 am PST

WHERE: In person: Supreme Court of Canada (East Room); Virtual: register here: https://cas-satj.zoom.us/webinar/register/WN_iXyqhgB9Q3eK8IaijxFYJA

(Xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil-Waututh)/Vancouver, BC) – The BC Civil Liberties Assocation (BCCLA) is intervening in a challenge to the recent prorogation of Parliament. On January 6, 2025, in the face of declarations from opposition parties that they would bring down the government and trigger an election, Prime Minister Justin Trudeau requested that the Governor General of Canada prorogue Parliament. This is the latest in a number of controversial prorogations over the past two decades.

BCCLA is concerned that the prorogation power has become a political tool used by governments to avoid accountability. Prorogation should not be used to avoid public debate about political scandals, or accountability at the polls. At the same time, asking courts to question the political motives of the other branches of government could undermine their non-partisan role in Canada’s constitutional order.

In this case, we will argue that the constitutional principle of the separation of powers suggests that the Prime Minister cannot request prorogation where it would unduly interfere with the function of the legislature. This requirement would ensure that the prorogation power is not used to avoid accountability to Parliament, while allowing courts to stay out of the political fray.

Read our legal arguments in the memorandum of fact and law.

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