Constitution

Saturday November 19, 2022

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Saturday November 19, 2022

Ford’s retreat notwithstanding, the fight over charter rights is far from over

June 16, 2021

The events in Ontario over the last week offer only limited solace to those who worry that politicians are increasingly unafraid to use the notwithstanding clause to override judicial rulings on the Charter of Rights and Freedoms.

But in a way, the system worked. Ontario Premier Doug Ford’s government made questionable use of the notwithstanding clause, the public and civil society rose up to say it was unacceptable, and Ford felt compelled to back down.

If the ultimate limit on the notwithstanding clause is “political accountability,” this was an example of the democratic system working more or less as it should.

Fear of a negative public response was supposed to deter governments from using the notwithstanding clause. But Ford already had threatened to use it in 2018 (when he reorganized Toronto’s city council) and he went through with using it in 2021 (to override a court decision on political financing) without suffering much political damage.

November 4, 2022

So Ford had reasons to assume he could use the clause again without too much trouble.

But the premier and his advisers seem to have discounted at least two factors.

First, the preemptive use of the clause in Ontario, at the expense of organized labour, created an opportune moment for Trudeau to take a loud stand.

Second, while Ford framed his fight in terms of keeping schools open — a message that theoretically should have resonated with Ontario families — it turned out that the workers and the union involved had a lot of allies.

Polling quickly showed public opinion running against Ford. Reporting over the weekend suggested that a number of unions were banding together, with plans for a provincewide general strike.

Ford’s position was untenable and he had to abandon both his back-to-work legislation and its use of the notwithstanding clause.

The result may be that the words “notwithstanding clause” become tainted, much the way “prorogation” was poisoned after 2009. That could help re-establish some of the political accountability over the clause’s use that has been lacking in recent years.

But Ford’s retreat can’t be seen as the end of the conversation. (CBC News)

 

Wednesday July 21, 2021

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Wednesday July 21, 2021

Ford outright rejects vaccine passports on eve of Step 3 of COVID-19 reopening

Ontario Premier Doug Ford firmly rejected the possibility of implementing vaccine passports on Thursday.

June 4, 2021

Ford spoke at a news conference announcing a new long-term care home in Toronto, the Runnymede Long-Term Care Home, expected to open in the summer of 2023. The centre is expected to provide 200 new long-term care spaces.

“No, we aren’t doing it,” he said. “We’re not going to have a split society.”

As for whether it will be mandatory for health-care workers to get a vaccine, Ford said while they’re encouraged to do so, no one should be forced to be immunized.

“I’m not in favour of a mandatory certification and neither, by the way, is the chief medical officer,” said Ford. “Folks, just please go get vaccinated.”

Fords comments follow similar ones by Solicitor General Sylvia Jones a day before, who shut down the possibility of any sort of proof-of-vaccination system being introduced in the province.

April 8, 2021

If needed, Jones said, Ontarians  who are fully vaccinated against COVID-19 can rely on the receipt printed or emailed to them after their second shot.

Some businesses in the province have said that when Ontario enters Step 3 of its reopening plan, patrons will need to show proof of vaccination upon arrival. 

Toronto Mayor John Tory has called on the provincial government to create a voluntary system that would help individual businesses or organizations determine the vaccination status of patrons, employees and members. The Toronto Region Board of Trade has also endorsed such an initiative.

Ford said Thursday he will be addressing the question of a federal vaccination card with the prime minister later in the day.

Ontario reported 143 new cases of COVID-19 and 10 more deaths linked to the illness on Thursday, while total vaccinations fell by more than 100,000 from the same day last week.

Public health units collectively administered another 166,201 doses of COVID-19 vaccines yesterday, of which roughly 88 per cent were second shots. Last Wednesday saw more than 268,000 shots given out provincewide.

More than 57 per cent of Ontarians aged 12 and older have now had two doses of vaccines. (CBC) 

 

Wednesday June 16, 2021

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Wednesday June 16, 2021

Ford government pushes through controversial election spending bill with notwithstanding clause

The government of Premier Doug Ford has pushed a controversial bill through the Ontario legislature limiting third-party election advertising by employing a rarely used legislative power.

June 11, 2021

Bill 307, which used the notwithstanding clause to reintroduce parts of a law struck down by a judge last week, passed Monday by a margin of 63 votes to 47.

The clause allows legislatures to override portions of the Canadian Charter of Rights and Freedoms for a five-year term.

A judge found it was unconstitutional for the government to double the restricted pre-election spending period for third-party advertisements to 12 months before an election call.

The Progressive Conservative government argued the extended restriction was necessary to protect elections from outside influence.

The bill passed Monday afternoon after a marathon weekend debate in which opposition politicians argued the government was trying to silence criticism ahead of next June’s provincial election.

“It’s obviously a move from a man who’s desperate to cling to power,” said NDP Leader Andrea Horwath.

December 9, 2010

The New Democrats spent the day trying to drag out the process by introducing a variety of motions on pandemic-related issues they argued should be the focus of the sitting. Ford said earlier on Monday that he wouldn’t be swayed.

“We’re fighting for democracy,” Ford said at Queen’s Park. “I’ll work all day, all night to protect the people.”

Last week, Ontario Superior Court Justice Edward Morgan found it was unconstitutional for the Progressive Conservative government to double the restricted pre-election spending period for third-party advertisements to 12 months before an election call.

A bill that took effect this spring had stretched the restricted spending period from six months to one year before an election is called, but kept the spending limit of $600,000 the same.

Morgan found that the government didn’t provide an explanation for doubling the limit, and his decision meant sections of the law involved in the court challenge were no longer in effect.  (CBC) 

 

Friday June 11, 2021

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Friday June 11, 2021

The Canadian Charter’s notwithstanding clause is increasingly indefensible

It isn’t happening in Quebec, but in Ontario, so there will be more of a fuss than would otherwise be the case.

September 14, 2018

But there will be less of a fuss than the last time the Doug Ford government threatened to use the notwithstanding clause to override constitutionally guaranteed rights. The next time it happens, there will be less still. And there will be a next time, and a next time after that, and another, and another – precisely because the political costs of doing so diminish with each use.

This is how the clause is being normalized. This is how, in consequence, the Charter of Rights is being eviscerated. It is already more or less a dead letter in Quebec, where the override has been invoked over the years by governments of every party. Once upon a time it might have caused something of a stir, at least outside the province, as when Robert Bourassa used it to uphold the ban on English-language signs in 1988.

September 21, 2019

But having paid no discernible price for invoking the clause to protect Bill 21, legislation that effectively bars the hiring of religious minorities across much of the public service, Quebec’s CAQ government was quick to do the same with regard to Bill 96, its new and harsher language law. A rights “guarantee” that cannot protect minorities from overt harassment and discrimination – a guarantee that applies only as when the government of the day decides it should – is not much of a guarantee at all.

July 28, 2018

And now it is happening elsewhere. Mr. Ford’s first attempt to use the clause, over a 2018 bill that would have cut the size of Toronto city council in half – in the middle of a municipal election – may have collapsed in confusion, but now the Premier is back for another try. This time the casus belli is Bill 254, legislation passed earlier this year that would, among other things, double the length of time before an election campaign during which third-party advocacy groups would be subject to spending limits.

As before, the Premier has supposedly been provoked to action by a judge’s ruling, overturning the legislation on Charter grounds. But as before this is not really the issue. The government could have appealed either ruling to a higher court, and even had it lost there, it could have rewritten either bill in ways that addressed its purported intent, without unduly limiting Charter rights. (Globe & Mail) 

 

Thursday September 13, 2018

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Thursday September 13, 2018

City council candidates in ‘entirely uncharted waters’ amid chaos over nomination deadlines

After an unprecedented day comes unprecedented chaos.

September 11, 2018

Premier Doug Ford’s move to trump a judicial ruling in order to secure a Toronto city council with 25 wards has left candidates and lawyers scrambling and voters in limbo ahead of the upcoming municipal election.

That includes at least eight incumbent city councillors who had planned to run for re-election but who could be locked out of the 25-ward race depending on how the legislation is worded, with legal experts unsure of what to expect from Ford’s government.

When a Superior Court judge ruled Monday that Ford’s legislation cutting the size of council to 25 from 47 wards was unconstitutional, city advocates believed for a short time that they had won the day.

July 28, 2018

But Ford’s announcement hours later that he would invoke the rarely used “notwithstanding” clause in the Charter of Rights and Freedoms to override Justice Edward Belobaba’s ruling led to a flurry of unanswered questions, including whether the election can even proceed as planned on Oct. 22.

The legislature will resume Wednesday after Ford recalled MPPs from recess. Ford indicated the new bill would be tabled then. What it will say, his officials refuse to tell.

The province doesn’t expect the new legislation to be passed before Sept. 24, with MPPs off for two days next week to attend the International Plowing Match near Chatham-Kent. That leaves a very small window between a fundamental shift in the election process and the start of advance polling days, which are currently scheduled to begin Oct. 10. City clerk Ulli Watkiss earlier raised concerns about having enough time to prepare an election, including printing ballots for the whole city.

City council will have an emergency meeting Thursday to again discuss their current legal options and what happens next. (Source: Toronto Star) 

 

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