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Canada’s top judge is now Governor General, but expert urges speedy replacement

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TORONTO —
Julie Payette’s resignation amid allegations of workplace harassment means that the chief justice of the Supreme Court will now serve as interim Governor General, but a Crown expert says this temporary appointment should be as brief as possible as it presents potential conflicts.

Prime Minister Justin Trudeau accepted Payette’s resignation on Thursday following reports of a workplace harassment investigation that sources described to CTV News as “damaging.”

Chief Justice of Canada Richard Wagner will serve as Governor General on an interim basis until Trudeau recommends a new governor general to the Queen, something Trudeau says he will do “in due course.”

Philippe Lagasse, a Carleton University expert on the Westminster system and the Crown, described Payette’s resignation as “a bit sad, really,” and stressed the importance of limiting the amount of time Wagner stays in this role.

“I have to say, as somebody who is concerned about how offices appear in public, it’s really not ideal to have the chief justice of the Supreme Court act as an administrator for any long period of time,” Lagasse told CTV’s Power Play on Thursday.

The reason: the Governor General is in charge of turning bills into law through royal assent. Having an active Supreme Court judge in this role could be potentially problematic down the road, Lagasse said.

“We can think in our constitutional metaphysics that they’re wearing a different hat when they’re providing royal assent, you can imagine that it could create discomfort on the part of the judge who wants to be seem completely and utterly impartial if ever that legislation appears before them in a constitutional or legal challenge,” he said.

Asked about the timeline to replace Payette, intergovernmental Affairs Minister Dominic LeBlanc said “obviously it’s not a question of months.”

“The constitutional role can be fulfilled as of tonight by Chief Justice Wagner and until a successor is sworn in,” LeBlanc told CTV’s Power Play.

“We obviously haven’t turned our attention to the details of how that successor would be recommended to Her Majesty, but we’ll have more to say about that in the coming days. But it’s not a circumstance that can go on for months and months.”

The Governor General holds the second-highest office in Canada after the Queen, with the role out-ranking even the prime minister. That’s because the Governor General can be called on to make decisions related to the formation of government, such as to prorogue Parliament or dissolve Parliament on the advice of a prime minister to trigger an election.

The Governor General also plays a key role in minority governments, as is the current case. If a minority government loses a confidence vote in the House of Commons, the prime minister would then have to request Parliament be dissolved. The Governor General then has the discretion whether to agree to that, and call an election, or allow another party in the House to attempt to form a government that would have the confidence of the House.

For example, in 2008, Stephen Harper asked then-Governor General Michaelle Jean to prorogue Parliament to avoid a non-confidence vote that he was expected to lose, which she allowed.

Everything considered, Lagasse said it’s in the country’s best interests to appoint a new Governor General pronto.

“To the extent possible, we should have a full-on governor general appointed as soon as possible, given the possibility of an election on the horizon,” he said.

“And ultimately, I would imagine the chief justice is not really keen on the idea of having to make some of these decisions and make some of the calls, particularly if another election returns another hung Parliament, and if there’s controversy around a dissolution of Parliament in the middle of a pandemic. These are all things that I imagine the chief justice doesn’t want to be particularly involved with either.”

CTV royal commentator Richard Berthelsen said that the Governor General plays a critical constitutional role in Canada as a representative of the Queen, but is also seen as a moral leader.

“So this really was a day that, in a lot of ways, had to happen. It’s sad that it has happened, but the report has left everyone with no alternative,” Berthelsen told CTV News Channel.

With files from CTV’s Rachel Aiello in Ottawa and The Canadian Press

Source: – CTV News

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Kamloops, B.C., man charged with murder in the death of his mother: RCMP

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KAMLOOPS, B.C. – A 35-year-old man has been charged with second-degree murder after his mother’s body was found near her Kamloops, B.C., home a year ago.

Mounties say 57-year-old Jo-Anne Donovan was found dead about a week after she had been reported missing.

RCMP says its serious crime unit launched an investigation after the body was found.

Police say they arrested Brandon Donovan on Friday after the BC Prosecution Service approved the charge.

The Canadian Press. All rights reserved.



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S&P/TSX gains almost 100 points, U.S. markets also higher ahead of rate decision

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TORONTO – Strength in the base metal and technology sectors helped Canada’s main stock index gain almost 100 points on Friday, while U.S. stock markets climbed to their best week of the year.

“It’s been almost a complete opposite or retracement of what we saw last week,” said Philip Petursson, chief investment strategist at IG Wealth Management.

In New York, the Dow Jones industrial average was up 297.01 points at 41,393.78. The S&P 500 index was up 30.26 points at 5,626.02, while the Nasdaq composite was up 114.30 points at 17,683.98.

The S&P/TSX composite index closed up 93.51 points at 23,568.65.

While last week saw a “healthy” pullback on weaker economic data, this week investors appeared to be buying the dip and hoping the central bank “comes to the rescue,” said Petursson.

Next week, the U.S. Federal Reserve is widely expected to cut its key interest rate for the first time in several years after it significantly hiked it to fight inflation.

But the magnitude of that first cut has been the subject of debate, and the market appears split on whether the cut will be a quarter of a percentage point or a larger half-point reduction.

Petursson thinks it’s clear the smaller cut is coming. Economic data recently hasn’t been great, but it hasn’t been that bad either, he said — and inflation may have come down significantly, but it’s not defeated just yet.

“I think they’re going to be very steady,” he said, with one small cut at each of their three decisions scheduled for the rest of 2024, and more into 2025.

“I don’t think there’s a sense of urgency on the part of the Fed that they have to do something immediately.

A larger cut could also send the wrong message to the markets, added Petursson: that the Fed made a mistake in waiting this long to cut, or that it’s seeing concerning signs in the economy.

It would also be “counter to what they’ve signaled,” he said.

More important than the cut — other than the new tone it sets — will be what Fed chair Jerome Powell has to say, according to Petursson.

“That’s going to be more important than the size of the cut itself,” he said.

In Canada, where the central bank has already cut three times, Petursson expects two more before the year is through.

“Here, the labour situation is worse than what we see in the United States,” he said.

The Canadian dollar traded for 73.61 cents US compared with 73.58 cents US on Thursday.

The October crude oil contract was down 32 cents at US$68.65 per barrel and the October natural gas contract was down five cents at US$2.31 per mmBTU.

The December gold contract was up US$30.10 at US$2,610.70 an ounce and the December copper contract was up four cents US$4.24 a pound.

— With files from The Associated Press

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

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Florida State asks judge to rule on parts of suit against ACC, hoping for resolution without trial

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TALLAHASSEE, Fla. (AP) — Florida State has asked a judge to decide key parts of its lawsuit against the Atlantic Coast Conference without a trial, hoping for a quicker resolution and path to a possible exit from the league.

Florida State requested a partial summary judgment from Circuit Judge John Cooper in a 574-page document filed earlier this week in Leon County, the Tallahassee-based school’s home court.

Florida State sued the ACC in December, challenging the validity of a contract that binds member schools to the conference and each other through media rights and claiming the league’s exit fees and penalties for withdrawal are exorbitant and unfair.

In its original compliant, Florida State said it would cost the school more than half a billion dollars to break the grant of rights and leave the ACC.

“The recently-produced 2016 ESPN agreements expose that the ACC has no rights to FSU home games played after it leaves the conference,” Florida State said in the filing.

Florida State is asking a judge to rule on the exit fees and for a summary judgment on its breach of contract claim, which says the conference broke its bylaws when it sued the school without first getting a majority vote from the entire league membership.

The case is one of four active right now involving the ACC and one of its members.

The ACC has sued Florida State in North Carolina, claiming the school is breaching a contract that it has signed twice in the last decade simply by challenging it.

The judge in Florida has already denied the ACC’s motion to dismiss or pause that case because the conference filed first in North Carolina. The conference appealed the Florida decision in a hearing earlier this week.

Clemson is also suing the ACC in South Carolina, trying to find an affordable potential exit, and the conference has countersued that school in North Carolina, too.

Florida State and the ACC completed court-mandated mediation last month without resolution.

The dispute is tied to the ACC’s long-term deal with ESPN, which runs through 2036, and leaves those schools lagging well behind competitors in the Southeastern Conference and Big Ten when it comes to conference-payout revenue.

Florida State has said the athletic department is in danger of falling behind by as much as $40 million annually by being in the ACC.

“Postponing the resolution of this question only compounds the expense and travesty,” the school said in the latest filing.

The ACC has implemented a bonus system called a success initiative that will reward schools for accomplishments on the field and court, but Florida State and Clemson are looking for more as two of the conference’s highest-profile brands and most successful football programs.

The ACC evenly distributes revenue from its broadcast deal, though new members California, Stanford and SMU receive a reduced and no distribution. That money is used to fund the pool for the success initiative.

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