The Justice Centre for Constitutional Freedoms (JCCF) has filed a factum with the Federal Court of Appeal in a case seeking clarity on when a prime minister of Canada may lawfully prorogue (suspend) Parliament.
The appeal challenges Chief Justice Paul S. Crampton’s March 6, 2025, decision dismissing a judicial review that questioned the legality of the federal government’s January 6 prorogation.
The Court of Appeal is being asked to determine two key questions: what is the scope of a prime minister’s power to advise prorogation, and whether the former prime minister’s decision on January 6 fell within that scope.
The appellants argue there must be constitutional limits on the power to suspend Parliament. They contend that prerogative powers cannot be used to “stymie the will of Parliament” or frustrate its role as a check on executive authority.
The prorogation of Parliament in early 2025 drew nationwide attention when then-Prime Minister Justin Trudeau advised Governor General Mary Simon to suspend the first session of the 44th Parliament until March 24, 2025.
Critics described the move as politically motivated, saying it halted legislative work on key issues such as trade and tariffs. Supporters of the decision argued that prorogation was within the prime minister’s constitutional discretion.
Constitutional lawyer Darren Leung, representing the applicants, said the case is about preserving democratic accountability.
“The prime minister does not have unlimited power to close Parliament on a whim,” Leung said. “It is for Parliament to supervise the executive branch of government, not the other way around.”