notwithstanding clause

Saturday December 24, 2022

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Saturday December 24, 2022

Angry about Doug Ford or inflation? You’re not alone, ‘rage index’ poll finds

Series: Young Doug Ford

Inflation is fuelling anger among Canadians even though gasoline prices have dropped and most are not worried about their personal finances, a new poll suggests.

Pollara Strategic Insights’ monthly “rage index” survey found people were even more angry about rising prices than they were during the summer.

“People are not in a good mood as the year comes to a close,” Dan Arnold, chief strategy officer at Pollara, said in an interview.

“They’re more upset now about inflation (than in previous rage index polls) and it could be because these things build over time,” said Arnold, noting prices at the gas pumps have actually plunged in recent months.

“It could also be that more people are going out to restaurants and bars for holiday parties and are buying gifts so maybe they are feeling the pinch more than before — that’s probably driving it,” he said.

The firm surveyed 3,834 people across the country from Dec. 8 until last Thursday.

It is an online panel poll, but for comparison purposes, a random sample of this size would have a margin of error of plus or minus 1.6 percentage points, 19 times out of 20.

The survey found 60 per cent have negative feelings about the economy — with 10 per cent happy and about 31 per cent neutral — but when it came to personal finances, responses were less pessimistic.

Here in Ontario, those surveyed expressed anger toward Premier Doug Ford’s Progressive Conservatives for opening up the Greenbelt of environmentally sensitive land to housing development.

Some 62 per cent said they were angry about the surprise move — which allows 7,400 acres to be developed in exchange for all 9,400 acres of farm fields and wetlands elsewhere — while just eight per cent were happy and 30 per cent neutral.

December 10, 2022

“The Greenbelt move is damaging for him; his negatives appear to be on the rise,” Arnold said of Ford, whose party was re-elected June 2 with an expanded majority.

“One-third of Tory voters (33 per cent) are angry about it,” he said, adding only 19 per cent of PC voters approved.

Among self-identified New Democrats, 90 per cent disapproved of building on the Greenbelt, while 69 per cent of Liberal voters panned the scheme.

June 16, 2021

Ford was also criticized for his abandoned plan to use the Constitution’s “notwithstanding clause” to impose a contract on unionized education workers earlier this fall.

The poll suggests that invocation was a provocation with 61 per cent angry about it and 15 per cent happy and 25 per cent neutral.

“There was a lot of anger over this,” said Arnold, pointing out that 26 per cent of Tories were angry, although 37 per cent were happy.

Three-quarters of NDP voters — 76 per cent — were angry with the overriding of workers’ Charter rights with only one per cent happy; 72 per cent of Liberals were angry and eight per cent were happy. (The Toronto Star) 

From sketch to finish, in 30 seconds, see the current way Graeme completes an editorial cartoon using an iPencil, the Procreate app, and a couple of cheats on an iPad Pro … These sped up clips are posted to encourage others to be creative, to take advantage of the technology many of us already have and to use it to produce satire. Comfort the afflicted. Afflict the comforted.

This clip shows the concept to sketch process. An uncoloured rough will be sent to an editor for approval. It shows the subject matter, the characters and setting, whatever text is in mind – in other words the general gist of what will be served up to readers the next morning. When accepted, you’ll note the sketch fades to a light grey and will serve as a guide on a new layer where lines will be refined and details added:

 

The second part involves colouring, patterning, shading and highlighting to create a three dimensional effect. This is when the cartoon takes on life: 

 

There are many many bells and whistles through the Procreate app that remain elusive to me but can potentially add more effects. It’s a never ending journey to discover new capabilities to look forward to in the coming years of cartooning.

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 November 2, 2022

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Wednesday November 2, 2022

Ontario government’s wrecking ball negotiating tactic not an answer

Prior to the last province-wide crisis in education, Mike Harris government education minister John Snobelen promised to make changes in Ontario’s education policy by “creating a crisis.”

July 29, 2022

Sadly, it looks like Doug Ford and his education minister, Stephen Lecce, are planning to do the same thing. This week, rather than continuing bargaining with Canadian Union of Public Employees education workers, the province passed a back-to-work law before a job action could begin, imposed an non-negotiated contract arbitrarily, and promised to use the notwithstanding clause of Canada’s constitution to fend off any legal challenges.

Why? Lecce says it is in response to CUPE’s having given strike notice that job action could — not would — start as early as this Friday. The sledgehammer approach is needed to guarantee “stability” in education, says Lecce.

That’s a red herring. In the event of job action, Hamilton public schools will remain open. In Halton, schools will move to alternative scheduling to allow for adequate cleaning. And the Hamilton Catholic board has said it would close schools.

October 20, 2021

Clearly, denying collective bargaining to education assistants, custodians, early childhood educators and office staff wasn’t destined to close all schools as Lecce claims. So just what is the government’s agenda? Will it do the same when crunch-time comes while bargaining with teachers? Does the government intend to take away bargaining rights from all education workers?

CUPE education workers, 70 per cent of whom are women, are the lowest paid in the school system. On average, they earn $39,000 a year. With inflation, they have seen real wage reduction of more than 10 per cent. CUPE is seeking 11.7 per cent increases.

We’re not judging whether that increase is justified or not, or whether the province’s offer, closer to 1 per cent, is remotely fair. That’s what negotiations are for, including mediation and ultimately arbitration.

But prematurely neutering the bargaining process by declaring any job action illegal is not fair, ethical or wise.

August 20, 2012

The last government that tried imposing a contract on education workers was the McGuinty Liberal government. In 2016, Justice Thomas Lederer of the Ontario Superior Court said of that imposition: “When reviewed in the context of the Charter and the rights it provides, it becomes apparent that the process engaged in was fundamentally flawed. It could not, by its design, provide meaningful collective bargaining.”

The Ford government clearly anticipated a similar finding, and is already prepared to use the notwithstanding clause — the constitution’s nuclear option — to ignore any legal ruling. That is an abuse of the intention of the clause.

Consider the words of federal Justice Minister David Lametti, who is looking at how Ottawa could challenge the province’s use of the notwithstanding clause.

June 11, 2021

“It de facto means that people’s rights are being infringed and it’s being justified using the notwithstanding clause,” he said. “Using it pre-emptively is exceedingly problematic. It cuts off both political debate and judicial scrutiny.”

The fact that the province has already decided to use the nuclear option also suggests it knows full well it is violating the constitutional rights of education workers. Otherwise it wouldn’t need to rely on the notwithstanding clause prior to any adjudication. We should be concerned that our government is knowingly violating the rights of 55,000 Ontarians, including thousands in Hamilton and Halton.

No one wants schools closed. No one wants an education strike. But are we willing to accept accomplishing those objectives by force, taking a wrecking ball to the collective bargaining process?

If we are, we would be wise to ask ourselves: Who, and what, is next? (Hamilton Spectator Editorial)