This week, the Federal Court is hearing a constitutional challenge against Prime Minister Justin Trudeau’s decision to prorogue Parliament until March 24, 2025. The applicants, David MacKinnon and Aris Lavranos, argue that this move is unconstitutional, claiming it undermines Parliament’s ability to hold the government accountable – especially in the face of pressing issues like recent U.S. tariff threats. They contend that while the Prime Minister has the authority to advise the Governor General on prorogation, this power is not absolute and must be exercised with reasonable justification.
Federal lawyers, however, insist that Trudeau’s decision aligns with constitutional conventions and falls outside the scope of judicial review. They argue that the government remains accountable to voters, and prorogation is a legitimate tool within Canada’s parliamentary system. The court’s ruling could set a significant precedent, determining whether prime ministers have unchecked authority to suspend legislative scrutiny or whether limits must be imposed.

Amid this legal battle, conservative politicians and business leaders have been vocal in their calls to end prorogation, claiming it damages democracy and disrupts economic stability. But their outrage is as selective as it is hypocritical. When Conservative Prime Minister Stephen Harper twice prorogued Parliament – once in 2008 to dodge a confidence vote, and again in 2009 to stall inquiries into his government – many of these same voices either defended the move or remained conspicuously silent. Their sudden concern for democratic norms now suggests that their stance depends entirely on who is in power.
Business leaders, too, have taken up the cry, arguing that prorogation creates uncertainty that harms investment and economic confidence. Yet these same figures have backed policies that introduce far greater instability – aggressive deregulation, tax cuts that balloon deficits, and budget standoffs that delay essential government funding. Their selective outrage makes it clear: they aren’t worried about economic disruption in principle, only about the inconvenience of a temporary legislative pause that may slow down policies they favor.
Conservatives have long weaponized procedural arguments to suit their political needs. When in opposition, they decry any government move that limits their ability to grandstand. When in power, they are quick to use the same tools to stifle criticism and control the political narrative. Harper’s use of prorogation to shut down inquiries into the Afghan detainee scandal is a prime example. Back then, the argument was that Parliament needed a “break” to focus on governance. Now, with Trudeau at the helm, they claim a temporary pause is an attack on democracy itself. The double standard could not be clearer.
Ultimately, the conservative push to end prorogation isn’t about principle – it’s about power. Their calls for accountability and stability ring hollow when contrasted with their own history of procedural manipulation. This is not a stand for democracy; it is political opportunism, plain and simple.