Kara Sears
Impeachment is a political process by which a legally constituted tribunal or legislative body charges a public official with a crime or misdemeanor. While impeachment has been attempted in Canada, it has never been successfully executed. The Canadian Parliament has the power to impeach, but it has not been expressly defined as legal or illegal in the country. The Constitution Act of 1867 suggests that impeachment power may exist in Canada, inherited from the UK, where impeachment is an unambiguous right of the Parliament.
| Characteristics | Values |
|---|---|
| Impeachment in Canada | No one has ever been impeached in Canada |
| Impeachment power | Inherited from the UK as specified by the Constitution Act 1867 |
| Impeachment in the UK | Used for centuries, but no convictions in the last 200 years |
| Impeachment attempt in Canada | Yes, 19 years before confederation in 1848 |
| Impeachment legality in Canada | Not expressly legal or illegal |
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![Proceedings in the Assembly of Lower Canada on the Rules of Practice of the Courts of Justice, and the Impeachments of Jonathan Sewell and James Monk, Esquires [microform]](https://m.media-amazon.com/images/I/61EqaHpVxlL._AC_UY218_.jpg)
![Proceedings in the House of Assembly of Lower-Canada on the Impeachment Against the Honorable Louis Charles Foucher, Esquire, One of the Justices of ... for the District of Montreal [microform]](https://m.media-amazon.com/images/I/61gG4fCpDmL._AC_UY218_.jpg)
What You'll Learn
Impeachment process in Canada
Impeachment is a political process in which a legally constituted tribunal or legislative body charges a public official with a crime or misdemeanor committed while in office. In Canada, impeachment tends to be confined to ministerial officials, as their unique position may place them beyond the reach of the law for prosecution. Their misconduct may also not be codified into law as an offense, except through the unique expectations of their high office.
Both "peers and commoners" have been subject to the impeachment process. From 1990 to 2020, there have been at least 272 impeachment proceedings globally. While impeachment proceedings are remedial, the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
In Europe and Latin America, impeachment is generally used for ministerial officials because of the unique nature of their positions. Their actions may not be prosecutable by conventional legal means, or their misconduct may not be considered an offense unless committed by a minister. However, impeachment is not limited to ministers, as "commoners" can also be impeached.
The impeachment process is a critical tool to address corrupt acts and protect democracy. It ensures that elections alone are not the only safeguard against corruption, especially in positions of high power.
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Impeachment power in the UK
Impeachment is a process in which the Parliament of the United Kingdom may prosecute and try individuals, usually holders of public office, for high treason or other crimes and misdemeanours. The process was first used in 1376 during the English Good Parliament to try William Latimer, 4th Baron Latimer. The last impeachment took place in 1806, when Henry Dundas, 1st Viscount Melville was put on trial. Since then, other forms of democratic scrutiny have been favoured, and impeachment is now considered an obsolete power of Parliament, though it technically still exists.
The legal basis for parliamentary impeachment in the UK is derived from ancient constitutional convention dating back to 1376, rather than from statute law. The scope of impeachment can be modified by an Act of Parliament. For example, the Act of Settlement 1701 restricted the royal power of mercy, preventing the sovereign from using the royal prerogative to nullify an impeachment. While judges were historically removed by impeachment, the Act of Settlement 1701 provided that a judge of the High Court or Court of Appeal could be removed by both Houses of Parliament petitioning the Sovereign.
The impeachment procedure has not been used for over two hundred years, and some legal authorities consider it obsolete. The principles of responsible government require that the prime minister and other executive officers answer to parliament rather than the Sovereign. The Select Committee on Parliamentary Privilege in 1967 recommended that the right to impeach be formally abandoned, and subsequent committees have reiterated this recommendation. However, in 2004, Plaid Cymru MP Adam Price announced his intention to move for the impeachment of Tony Blair for his role in involving Britain in the 2003 invasion of Iraq. This was followed by reports in 2019 that opposition politicians were considering impeachment proceedings against Prime Minister Boris Johnson on charges of gross misconduct.
Impeachment is a political process that has been used to prosecute corrupt or over-mighty officials for "high crimes and misdemeanours". It is intrinsically linked to accusations of corruption and betrayal. While impeachment has fallen out of use in the UK, it is still used in other countries, most notably the United States, where it has become a common process.
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Impeachment vs conviction
Impeachment is the political process by which a legally constituted tribunal or legislative body charges a public official with a crime or misdemeanor. In the United States, the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The President, Vice President, and all civil officers of the United States are subject to impeachment and removal from office upon a determination that they have engaged in treason, bribery, or other high crimes and misdemeanors.
While impeachment is the process of charging a public official with a crime, conviction is the finding of guilt by a court of law. In the context of impeachment, conviction refers to the Senate's vote to remove an impeached official from office. The Senate's judgment in cases of impeachment is limited to removal from office and disqualification to hold any future office. It is important to note that conviction in an impeachment trial does not protect the individual from further criminal or civil liability under the law.
The threshold for disqualification from holding future office is not explicitly mentioned in the US Constitution, so the Senate has interpreted this to mean that only a simple majority is required, rather than a two-thirds supermajority. However, for an official to be convicted and removed from their current office, two-thirds of the Senate members present must concur.
In summary, impeachment is the process of charging a public official with a crime, while conviction is the finding of guilt and the imposition of a penalty, which in the case of impeachment, is removal from office and potential disqualification from holding future office. While impeachment is a political process carried out by a legislative body, conviction is a legal determination made by a court of law.
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Impeachment attempts in Canada
Impeachment is a political process by which a legally constituted tribunal or legislative body charges a public official with a crime or misdemeanor in office. In Canada, impeachment law is mentioned in the Canada Evidence Act, which states that a party producing a witness shall not be allowed to impeach his credit by general evidence of bad character. However, if the witness proves adverse in the opinion of the court, the party may contradict the witness by other evidence or by proving that the witness made a statement inconsistent with their testimony.
While there is limited information on specific impeachment attempts in Canada, one notable example involves Jason Kenney, who successfully shifted Canada's political discourse to the right during his thirty years in politics. To achieve this, Kenney cultivated a burgeoning right-wing populist movement and embraced an authoritarian model of Catholicism. Facing the threat of impeachment, the senate abandoned Kenney's promise to appeal, demonstrating the potential consequences of impeachment proceedings.
Another example of impeachment attempts in Canada can be found in the mention of "pre-emptive impeachment" in relation to former President Lula in Brazil. This indicates that impeachment processes can occur not only for current officials but also as a preventative measure for former officials who may seek reelection or continue to exert influence.
Overall, while specific details of impeachment attempts in Canada may not be readily available, the existence of impeachment law within the Canada Evidence Act and the potential consequences for political figures like Jason Kenney provide insights into the country's approach to addressing criminal charges or misconduct by public officials.
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Impeachment and removal from office
Impeachment is a political process by which a legally constituted tribunal or legislative body charges a public official with a crime or misdemeanor. While impeachment has been attempted in Canada, it has never been successfully carried out.
The Canadian Parliament has never impeached anyone, but that doesn't mean they can't. There is a precedent in Britain for how impeachment is done, and the Constitution Act of 1867 states that the Canadian House of Commons (HoC) has all the powers of the UK HoC. This means that the Canadian HoC may have the power to impeach.
In the United Kingdom, impeachment is an unambiguous right of Parliament, having been used for centuries, though no one has been convicted in the last 200 years. The first impeachment took place in 1376 with the impeachment of Baron Latimer. The Commons can impeach, and the Lords can convict anyone except the King of anything illegal under the laws. The King can pardon fines and imprisonment but cannot pardon a bar from office if the Lords applies such a thing as per the 1701 Act of Settlement.
In Canada, impeachment was attempted in 1848, 19 years before confederation, but the accused survived a Commons vote. Nobody doubted the legal authority of the Commons at the time.
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Frequently asked questions
While impeachment law exists in the United Kingdom, it is unclear if it exists in Canada.
No, nobody has ever been impeached in Canada.
The Canadian Parliament has never impeached someone, but that doesn't mean they can't. The Parliament of Canada Act states that the Canadian House of Commons (HoC) has all the powers of the UK HoC as of 1867, which may include the power to impeach.
Impeachment is the political process by which a legally constituted tribunal, or legislative body charges a public official with a crime or misdemeanor in office.
Impeachment is an unambiguous right of the Parliament of the United Kingdom, having been used for centuries. The first impeachment took place in 1376 with the impeachment of Baron Latimer.
