Trudeau’s move to suspend Parliament faces a legal challenge. Don’t hold your breath for a win, experts say

Less than two days after Prime Minister Justin Trudeau requested to suspend Parliament, legal advocacy groups have already taken the issue to court. While some are skeptical of the outcome, experts in Canadian Constitutional law believe that Trudeau and Governor General Mary Simon acted within the bounds of the Constitution.

Trudeau’s decision to prorogue Parliament came amid a deadlock on a privilege issue and his pending resignation as Liberal leader and prime minister. The suspension of Parliament allows the Liberals time to select a new leader through a competitive process. Although some critics argue that the move was self-serving, Trudeau maintained that it was necessary for a reset.

The Justice Centre for Constitutional Freedoms (JCCF) filed a claim in Federal Court, arguing that Trudeau’s request to suspend Parliament was unreasonable and prevented the House from addressing pressing issues such as potential tariffs from the U.S. President-elect. Another group, Democracy Watch, also plans to challenge the prorogation as being in the Liberals’ self-interest.

Constitutional scholars, however, believe that Governor General Simon made the right decision in granting Trudeau’s request. As long as Trudeau had the confidence of the House at the time of the prorogation, it was well within the constitutional rules for Simon to approve it. While some draw parallels to a similar prorogation by former Prime Minister Stephen Harper, experts argue that the circumstances were different, making a legal challenge unlikely to succeed.

In 2019, the British Supreme Court ruled against then-Prime Minister Boris Johnson’s suspension of Parliament, finding it to be illegal. However, this ruling is not binding in Canadian courts. As of now, the Canadian government has not responded to the Federal Court claim challenging the prorogation.

Overall, while legal challenges have been initiated, experts suggest that the issue at hand is more about constitutional conventions than legal matters. Trudeau’s request to suspend Parliament, although met with criticism, appears to have been executed in accordance with the Canadian Constitution.