Lt.-Gov. Thomas Molloy is sworn in at the Legislative Building on March 21, 2018. (Britton Gray/980 CJME)

By Lisa Schick

Lieutenant-governor

Lieutenant-governor’s death creates legislative hole in Sask.

Jul 8, 2019 | 9:57 AM

With the unfortunate passing of W. Thomas Molloy while in office as lieutenant-governor, a legislative hole has opened up in Saskatchewan.

When a lieutenant-governor is away or unable to perform their duties, an administrator can fill in. While Molloy was sick, Saskatchewan’s Chief Justice, Robert G. Richards, was filling in.

But there is no interim position if a lieutenant-governor dies while in office; the position just becomes vacant.

According to Michael Jackson, former royal protocol officer, that can pose a problem for the provincial government.

“Without a lieutenant governor, the government cannot have orders in council signed,” Jackson said. “These are routine business of the government to make and implement decisions.”

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The government also cannot get royal assent for legislation or even convene the legislative assembly, so if the process were to continue into November, the fall sitting wouldn’t be able to start on time, Oct. 23.

Normally, when a lieutenant-governor decides to leave their post, it can take months to find a suitable successor. In this case, Jackson said he expects the federal government will be asked to go through the process quickly.

“You have to select the person, do all the checks, make the appointment, have an installation, swear the person in — so it’s a matter of weeks at least,” explained Jackson.

The appointment is entirely a federal matter. Under the Harper government, Jackson said there was an advisory committee which would find people suitable for the positions, but that committee was disbanded by the Trudeau government.

Now, Jackson said it will be up to the federal government’s local representative, likely Ralph Goodale, to find an appropriate successor for the position.

This problem has come up before in Saskatchewan. The last time was in 1978, when George Porteous died while in office. C. Irwin McIntosh was appointed as his successor.