Law, Convention and Practice: Governor’s Special Warrants

Abstract Within a single month in 2024, media in three provinces wrote about government spending by special warrant. This is unusual public attention to an obscure financial instrument. Governor’s special warrants are a practical solution to the problem of government urgently needing to spend money in the public interest when the legislature cannot readily be convened to grant approval. We describe how special warrants are being used less in exigent circumstances and more as a convenience. This practice is evident across jurisdictions and the parties in power and is persistent over decades. This research note shows how legal grey holes and the accelerated pace of decision making can result in changes in the practice of government that go unrecognized in our understanding of law and constitutional convention. Using an original compendium of statutory provisions combined with historical analysis, we raise research questions about public finance and parliamentary constitutionalism in Canada.