Draft Bill: The Impeachment Act of Canada

The Constitution Act, of 1867 permits impeachment due to its inclusion in Canada’s current constitutional framework is well-founded and historically grounded.

The Constitution Acts, 1867 to 1982: Two Integral Parts of One Framework

• The Constitution Act, of 1867 remains a foundational document in Canada’s constitutional structure, establishing principles such as responsible government, parliamentary privilege, and executive accountability.
• The Constitution Act, 1982 does not supersede but complements the 1867 Act by incorporating rights (e.g., the Charter) and providing mechanisms for constitutional amendment. Together, they form the dual pillars of Canada's constitutional system.

Impeachment and Parliamentary Privileges

• Section 18 of the Constitution Act, of 1867 grants Canada’s Parliament privileges comparable to those of the UK Parliament at the time of Confederation. This includes the potential use of historic parliamentary remedies like impeachment.
• Although impeachment is not explicitly codified in Canadian law, the doctrine of parliamentary sovereignty and adherence to British constitutional traditions support its availability.

Unwritten Conventions: Supporting Ministerial Accountability

• Canada’s constitution incorporates unwritten conventions from British practice, which remain valid unless explicitly abolished.
• Impeachment, as a historical mechanism for addressing ministerial misconduct, can be argued to persist as part of these conventions. It aligns with Canada’s commitment to responsible government—a principle enshrined in the Constitution Acts.

 Judicial Recognition of Historical Context

• Canadian courts have affirmed that constitutional interpretation must consider historical context and common law traditions. The Privy Council in the 19th and early 20th centuries recognized the enduring relevance of British constitutional principles in interpreting the Constitution Act, of 1867.

Draft Bill:

Preamble: Whereas the Constitution Acts, 1867 to 1982, uphold the principles of responsible government and ministerial accountability; And whereas it is expedient to provide a clear mechanism to address misconduct by ministers and to maintain public trust in government institutions; Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows

Part I: Preliminary Provisions

Section 1: Short Title This Act may be cited as the Impeachment Act of Canada.

Section 2: Definitions For this Act:

1. “Impeachment” means the parliamentary process for holding ministers accountable for high crimes, misdemeanours, or gross misconduct.
2. “Minister” includes the Prime Minister and all members of the Cabinet.
3. “Committee” refers to the designated parliamentary body responsible for investigating impeachment motions.

Part II: Grounds for Impeachment

Section 3: Grounds A minister may be impeached for:

1. High crimes and misdemeanours, including corruption, abuse of power, and breaches of public trust.
2. Egregious violations of constitutional, statutory, or ethical obligations.
3. Acts causing substantial harm to the integrity or security of Canada.

Part III: Initiation of Impeachment Proceedings

Section 4: Motion of Impeachment

1. Any Member of Parliament may introduce a motion for impeachment in the House of Commons.
2. The motion must: a. Specify the allegations and supporting evidence. b. Be seconded by at least five Members of Parliament.

Section 5: Referral to Committee

1. Upon acceptance of the motion by the Speaker of the House, the motion shall be referred to the Committee on Impeachment (hereinafter referred to as “the Committee”).
2. The Committee shall consist of members proportional to party representation in the House of Commons.

Part IV: Investigation and Reporting

Section 6: Committee Powers

1. The Committee is authorized to: a. Summon witnesses and compel the production of documents. b. Examine evidence relevant to the allegations. c. Conduct hearings, which may be public or private, as necessary.
2. The accused minister has the right to respond to allegations, present evidence, and be represented by counsel.

Section 7: Committee Report

1. Within 90 days of referral, the Committee shall submit a report to the House of Commons.
2. The report shall: a. Summarize findings and conclusions. b. Recommend whether impeachment should proceed.

Part V: House of Commons Debate and Vote

Section 8: Debate

1. The House of Commons shall debate the Committee’s report within 30 days of its submission.
2. The accused minister shall be allowed to address the House.

Section 9: Vote

1. A vote on articles of impeachment shall require a simple majority of Members present to pass.
2. If the articles are approved, the matter shall proceed to the Senate for trial.

Part VI: Senate Trial

Section 10: Role of the Senate

1. The Senate shall conduct a trial to adjudicate the charges specified in the articles of impeachment.
2. Senators shall take an oath to act impartially.

Section 11: Trial Procedure

1. The House of Commons shall appoint prosecutors to present the case.
2. The accused minister shall have the right to legal representation and to present a defence.
3. Evidence shall be examined, and witnesses may be called.

Section 12: Verdict

1. A two-thirds majority of Senators present is required to convict the accused minister.
2. Conviction results in: a. Immediate removal from office. b. Optional disqualification from holding future public office, as determined by the Senate.

Part VII: General Provisions

Section 13: Transparency and Public Engagement

1. All proceedings, except where national security or privacy concerns apply, shall be public and recorded.
2. A public report shall be issued upon the conclusion of the impeachment process.

Section 14: Supplementary Measures

1. Nothing in this Act precludes the initiation of criminal or civil proceedings against the accused minister under Canadian law.

Judicial review of the impeachment process shall be limited to ensuring compliance with procedural fairness.

Part VIII: Final Provisions

Section 15: Implementation This Act shall come into force on a date to be fixed by proclamation.

Section 16: Amendments The Parliament of Canada may amend this Act as necessary to ensure its effective implementation.

Section 17: Citation This Act shall be deemed part of the constitutional law of Canada.

Schedule A: Oath for Senators During Impeachment Trial "I, [Name], do solemnly swear (or affirm) that I will, to the best of my ability, act impartially and faithfully in all matters relating to the impeachment trial of [Accused Minister]."