Trudeau’s Resignation: What Is Prorogation of Parliament, and What Are Its Effects?

Prime Minister Justin Trudeau looks on at the start of a cabinet swearing-in ceremony for Dominic LeBlanc at Rideau Hall in Ottawa, on Dec. 16, 2024. The Canadian Press/Justin Tang

Justin Trudeau is staying on as prime minister and Liberal Party leader while Parliament is prorogued and the Liberals undertake a leadership race to replace him.

Trudeau made the announcement in Ottawa on Jan. 6 after reflecting over his future during the holidays.

“This country deserves a real choice in the next election, and it has become clear to me that if I am having to fight internal battles, I cannot be the best option in that election,” he said.

Given Canada’s governing system of a constitutional monarchy, the prime minister cannot unilaterally prorogue, or suspend, Parliament. Such an act is carried out by the Crown’s representative, the Governor General, on the advice of the prime minister.

Governor General Mary Simon granted Trudeau’s request to prorogue until March 24.

Prorogation does not only suspend parliamentary affairs for a certain period of time but also terminates the parliamentary session. As such, opposition parties will not be able to topple the government, as they’ve all committed to in late 2024, until the next parliamentary session begins.

Bills in the process of parliamentary review that have not received royal assent will also be terminated.

Once the new session begins, in the current case of late March, the government will need to re-introduce whatever pieces of legislation it seeks to pass. A bill can be re-introduced at the same review stage as the previous session with the unanimous consent of the House of Commons.

Private member’s bills are not equally affected by prorogation and can continue from session to session.

Some of the major government bills that will be terminated by prorogation include Bill C-63, the Online Harms Act, which seeks to regulate the internet with stiff penalties.

Bill C-26, which aims to reinforce the security of Canada’s telecommunications network, would also perish. The legislation seeks to grant legal authority to the government to block the use of equipment that could jeopardize network security.

The Liberals’ Bill C-27, which would establish a framework for the regulation of artificial intelligence, is also on the chopping block.

Along with bills being killed, committees also cease to exist and their respective orders lapse. The only committee that maintains its current membership is the Standing Committee on Procedure and House Affairs.

Prorogation has a major impact on parliamentary business, but orders from the House of Commons are carried through to the next session.

This means the order requiring the government to provide all documents to the RCMP related to the federal green fund, Sustainable Development Technology Canada, will still stand.

The Conservatives led a filibuster of House proceedings during the fall sitting over the government’s failure to provide all of the requested documents.

This issue is likely to continue once the new session starts in the spring, although it could be short-lived, as confidence votes are planned. All of the opposition parties have said they will vote non-confidence in the government, which would trigger an election.