04 September, 2008

- The legality of Harper calling a General Election 3

I also submitted this (after editing slightly to meet the 2000 character limitation) for the Monahan Webcast, but apparently was not considered:
(http://www.theglobeandmail.com/servlet/story/RTGAM.20080829.wlivegg03/CommentStory/specialComment/home)

With all due respect, I found your opinion as set out in "The request the G-G can't refuse" to be quite weak (see comments by “Lloyd MacIlquham”).

However, of much greater concern is the possibility (see comment by R Miller from Halifax) that perhaps you might have ties to the Conservatives in that you may have ties to the Fraser Institute a (in my view) very right wing conservative think tank boasting amongst its ranks, Preston Manning (Senior Fellow) and Mike Harris (Senior Fellow) and so your opinion may be biased. Of course, everyone is entitled to express their opinions, even if it is biased and politically motivated. However, when they are presented as being the head of a prestigious academic institution, especially in Law, it seems to me that people look for an objective, disinterested assessment of the situation (see comment by: brian bishop from Brantford, Canada) and not someone using their position to promote their personal, subjective views and interests.

Please clarify. Lloyd MacIlquham

R Miller from Halifax, Canada writes: Slightly off topic, but as an academic, would Professor Monahan have to publically disclose whether he has had an association or financial assistance from any of the following groups ?
-The Civitas Society,
-The Fraser Institute
-The Atlantic Institute of Market Studies
-The Donner Institute
It would seem somewhat relevant before presenting an opinion piece arguing that a Governor General cannot refuse a Prime Minister's request for an election which is certainly far from clear from precedent, Bill C-16 or this discussion.

If Professor Monahan was printing this article for a reputable legal journal, would he not have to disclose possible conflicts of interest as is done for publications in medical journals ?

brian bishop from Brantford, Canada writes: It would be in everyone's best interest to read Patrick Monahan's bio before posting frivolous uneducated rebuttals towards his article! …