OPEN LETTER TO MARY SIMON, GOVERNOR GENERAL

OPEN LETTER TO MARY SIMON, GOVERNOR GENERAL OF CANADA

Re: Plan to make Mark Carney Prime Minister of Canada
You must immediately announce that you will not use your position as the Governor General, to swear in Mark Carney as the Prime Minister of Canada.

National news reports indicate that you will as the Governor General, ‘swear’ Mark Carney in as the Prime Minister of Canada, thereby empowering Mr. Carney to exercise the powers of an elected Prime Minster. Mr. Carney has never been elected by Canadians and is not a Member of Parliament. No news reports indicate that you will decline to install Mr. Carney as Prime Minister, if invited or directed to do so by the current Prime Minister Justin Trudeau, who is himself required to obey the law.

Installing Mr. Carney as Prime Minister would violate Canadian law, Canada’s international law obligations, including obligations arising from the United Nations Covenant on Civil and Political Rights and the Universal Declaration of Human Rights (UDHR) and the rule of law. Such a gross violation of democracy, rights and the rule of law could trigger, as warned by the UDHR, “recourse, as a last resort, to rebellion against tyranny and oppression”.

Canada is a constitutional democracy as set out in The Constitution Acts 1867 to 1982. Canada’s governing body is Parliament, which is composed of Members of Parliament all elected by Canadian citizens in strict accordance with the provisions of the Canada Elections Act.

This planned extraordinary setting aside of democracy and derogation of rights to elections and democratic governance through the appointment of an unelected Prime Minister, will take place while Parliament—the Government of Canada–remains prorogued.

On 6 March 2025 the Federal Court ruled that the lawfulness of the Prime Minister’s advice to the Governor General can be reviewed and when contrary to law, be set aside. In that case, the court found that the applicants had not proven that the Prime Minister overstepped his prerogative power to direct prorogation, in part because it was not possible for the court to separate partisan and non-partisan reasons for the prorogation. Advice to appoint Mr. Carney as the Prime Minister does not serve any democratically justifiable purpose, is not authorized by law and would most certainly not survive a similar legal challenge before an independent judiciary.

The plan to appoint Mr. Carney as the unelected Prime Minister may be a death blow to democracy in Canada. Your mandate from King Charles III directs you to uphold the laws of parliament and the people and ensure justice for all. Your mandate does not allow or empower you to participate in undermining democracy.

Please advise me of the announcement that you will not appoint Mark Carney as Prime Minister or otherwise endow him with parliamentary powers until he has been elected as a Member of Parliament in accordance with the requirements of the Canada Elections Act.

Sincerely, Gail Davidson