On June 8, former Supreme Court of Canada justice Louise Arbour will be installed as Canada’s new governor general.
John Fraser, founder of the Institute for the Study of the Crown in Canada, says most Canadians are ignorant about the governor general — allowing many of them to “sail pretty serenely through their position.”
But Arbour takes office at a moment when two separatist movements are gaining steam and constitutional uncertainties loom.
Canadian Affairs spoke with experts about the responsibilities of the governor general and how Arbour’s qualifications position her for the job.
“I see similarities between [former governor general] David Johnston and Louise Arbour,” said Daniel Béland, director of the McGill Institute for the Study of Canada.
“It’s kind of a more old-school appointment, with someone selected, at least partly, because of their strong knowledge of the Constitution.”
Ceremonial and constitutional
Canada is a constitutional monarchy and parliamentary democracy, meaning the prime minister and cabinet exercise political power while the monarch is the country’s formal head of state.
“The governor general is the representative of the king in Canada,” said Béland.
This office has existed in its modern form since Confederation in 1867, although the role has evolved significantly.
Originally, the governor general was appointed by and answerable to London, and had real political influence. Today, the governor general is appointed by Canada’s prime minister and acts strictly within Canadian constitutional conventions.
“Most of the powers that the governor general has under the constitution are ones where the prime minister and cabinet actually make the decision about how those powers should be exercised,” said Andrew Heard, a professor emeritus at Simon Fraser University who studies Canadian politics and constitutional issues.
The governor general’s day-to-day responsibilities are largely ceremonial. The office hosts state functions, represents Canada abroad, and performs symbolic duties tied to the Crown.
However, the governor general has “reserve powers” that can be used in exceptional circumstances.
“These are [powers] where the governor general can take the initiative,” Heard said. “The appointment of a prime minister, dismissing a prime minister, recalling or dissolving Parliament, or proroguing Parliament.”
In one of the more famous exercises of these reserve powers, in 1926, then governor general Lord Julian Byng refused prime minister William Lyon Mackenzie King’s request to dissolve Parliament.
Byng believed opposition leader Arthur Meighen should first be given an opportunity to form government without triggering an election, as Meighen had won the most seats in the prior election.
The incident exposed tensions over who ultimately held power in Canada, helping accelerate the country’s push for greater autonomy from Britain that was later formalized through the Statute of Westminster in 1931.
An ‘old-school’ appointment
Prior to her appointment as governor general, Arbour held numerous senior legal and diplomatic posts, both in Canada and abroad.
These roles included serving as chief prosecutor for the international criminal tribunals on Rwanda and the former Yugoslavia from 1996 to 1999; serving as a Supreme Court of Canada justice from 1999 to 2004; and serving as the United Nations high commissioner for human rights from 2004 to 2008. From 2021 to 2022, she led an independent review on sexual harassment and misconduct within the Canadian military.
Béland describes Arbour’s appointment as a departure from the more symbolic appointments favoured by most recent prime ministers.
“It used to be kind of common to appoint people who are highly knowledgeable about the Constitution for governor general,” said Béland.
“But we’ve seen in recent decades a shift … actually under the Liberals; they appointed governor generals who were well-known Canadians, but not necessarily associated with the Constitution or the legal system or institutions.”
Adrienne Clarkson, Michaëlle Jean, and Mary Simon had all previously had careers in media, while Julie Payette was a former astronaut. Their appointments were significant in part for who they represented, Béland says. Clarkson and Jean were both “visible minority” immigrants; Simon was Canada’s first Indigenous governor general.
“There was a sense that they were a symbol of something in a way,” said Béland.
For his part, Carney emphasized the governor general’s role in upholding the rule of law and constitutional order in his May 5 speech announcing Arbour’s appointment.
“The governor general is the Crown’s representative in Canada, commander-in-chief of Canada, and steward of our traditions of peace, order, and good government,” said Carney. “And, above all, the governor general is the guardian of our constitutional order.”
The appointment also reflects Carney’s international outlook, says Béland.
“[Arbour] has this set of global connections and a global profile that is really unmatched if you look at recent appointees,” said Béland. “I think it reflects who Mark Carney is and in what direction he wants to move the country.”
That stature could become important if Canada ever faced a genuine constitutional crisis, says Heard.
“If she is ever in a position to make some exercise of the reserve powers, there’s a degree of trust in her wisdom and common sense in how those powers should be used,” said Heard.
An uneasy time
Arbour is stepping into the role at a time when another constitutional crisis could be on the horizon.
In May, Premier Danielle Smith confirmed that Alberta would hold a referendum in October on whether the province should pursue a binding separation vote.
That same month, Quebecers will vote in a provincial election. The current frontrunner in that election is the Parti Québécois, which has promised to hold a separatist referendum in its first term.
A January Ipsos poll found that support for separation is around 30 per cent in both provinces.
Both Heard and Béland say the governor general would play an important role in a separatist crisis, but mainly as a symbolic presence.
The role is “very important in the symbolic and social sense of being visible and being present in both areas of the country where there’s this discontent,” said Heard.
‘But her role can only be symbolic in that sense. It’s up to the elected politicians to deal in substance with the concerns that separatists have out West or in Quebec.”
Arbour, who was born and raised in Montreal, may be able to rebuild goodwill among Quebecers who were frustrated with outgoing Governor General Mary Simon’s limited French, says Heard.
At the same time, Heard argues Carney may have missed an opportunity to appoint someone from Western Canada at a moment of high regional resentment.
“I do think it would have done the country a service to have chosen someone from Western Canada,” he said.
But overall, he is confident Arbour has the right profile for the role.
“She’ll be able to mix and mingle,” he said. “She has a kind of dignity about herself that I think will raise her profile for those in the general public who aren’t aware of her so far.”
