"The position is that the prime minister acted outside the scope of the prerogative power," James Manson says about Justin Trudeau's prorogation/suspension of Parliament, emphasizing that he is not arguing that the PM operated with "malice" or "in bad faith", which would then...
...require the provision of evidence to prove the mindset/intent (mens rea) on the part of Justin Trudeau. He offered this clarification in response to a federal government lawyer inferring that he was impugning the character of the prime minister.
"It is not our position that the prime minister acted [with] some unlawful or improper purpose what would require a finding of bad faith ... ulterior motive or some kind of malicious intent. ... That is not [our] position," James Manson emphasizes.
James Manson simply used Justin Trudeau's public remarks to illustrate the prime minister's stated motivations for prorogation/suspension of Parliament, which included the resolution of an internal partisan political process for the "Liberal Party" to select a new leader.
The federal government lawyer (one among several) obviously knows that drawing out an argument of bad faith on the part of the prime minister requires a tall evidentiary standard to be proven on the part of Justin Trudeau's mindset/intention, which is why she sought to...
...misrepresent the appellants' position in challenging Justin Trudeau's prorogation/suspension of Parliament. James Manson adds, "I'm saying that a partisan purpose doesn't fall with the scope of power [afforded to the prime minister for prorogation of Parliament]. I'm not...
...suggesting that that's malevolent or underhanded. I'm saying it simply doesn't fall within the scope of the power [of the prime minister to prorogue Parliament]," James Manson concludes.
A fact that isn't disputed is that Justin Trudeau suspended Parliament until the "Liberal Party" selects a new leader, and that the prime minister himself publicly listed this pursuit as part of his rationale to prorogue Parliament.
"There is always a perspective within which a statute is intended to operate, and any clear departure from its lines or objects is just as objectionable as fraud or corruption," James Manson says, quoting the late Justice Ivan Rand, in reference to limits upon and parameters...
...around legislation, and by extension constitutionally articulated prime ministerial powers. He says the federal court's duty is to curb governmental excesses operating beyond the scope of its powers. The issue before the court, Manson adds, is subject to justiciability.
James Manson repeats his earlier argument that prorogation of Parliament violates Canadians' constitutional right to democratic representation in the legislature: "...the right to play a meaningful role in the selection of representatives, who in turn will be responsible for...
...making decisions invited in legislation, for which they will be accountable to their electorate." Justin Trudeau's suspension of Parliament amounts to placement of the legislature in a frozen stasis, where Canadians' representatives can't execute legislative business.
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