overreach

Saturday April 19, 2025

Pierre Poilievre's plan to invoke the notwithstanding clause threatens Canadian democratic norms and sets a dangerous precedent for federal governance.

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Saturday April 19, 2025

Poilievre’s Notwithstanding Gamble: A Risky Precedent for Canada

The concerns regarding Pierre Poilievre's casual use of the Notwithstanding clause include the potential undermining of the balance of power, diminishing the importance of Charter rights, the risk of misuse and abuse, and setting a dangerous precedent for future governments.

May 4, 2024

In a political landscape increasingly characterized by divisive rhetoric and the erosion of democratic norms, Conservative Leader Pierre Poilievre’s pledge to invoke the notwithstanding clause of the Canadian Charter of Rights and Freedoms is a troubling signal. His proposal to use this powerful constitutional tool to impose consecutive life sentences for multiple murderers may tap into populist sentiments, but it sets a dangerous precedent that should disqualify him and his party from gaining the reins of power.

December 14, 2022

The notwithstanding clause, or Section 33 of the Charter, allows federal and provincial governments to override certain Charter rights temporarily. Traditionally, its use has been confined to provincial matters, such as Quebec’s secularism laws, where it has already sparked controversy. No Canadian Prime Minister has ever used this clause at the federal level, and for good reason. It represents an extraordinary measure intended for exceptional circumstances, not a tool for advancing populist agendas.

December 6, 2022

Poilievre’s willingness to be the first Prime Minister to wield this clause reflects a concerning alignment with tactics seen south of the border under Donald Trump. Trump’s efforts to undermine the judiciary and politicize the courts have led to a weakening of the checks and balances that are foundational to American democracy. Canadians should be wary of similar trends taking root here.

News: Poilievre’s pledge to use notwithstanding clause a ‘dangerous sign’: legal expert

Critics, including legal experts and political leaders, have voiced strong opposition to Poilievre’s plan. They warn that normalizing the use of the notwithstanding clause for routine legislative purposes could erode the Charter’s protections and lead to further politicization of fundamental rights. This slippery slope could extend beyond criminal justice, potentially threatening academic freedom, reproductive rights, and other areas where individual liberties might clash with political agendas.

Pierre Poilievre faces challenges adapting his strategy against the fresh leadership of Mark Carney, as Canada's political dynamics shift from opposition to unity.

March 15, 2025

Public sentiment, as reflected in reader comments and broader discourse, reveals deep apprehension about Poilievre’s intentions. The use of the notwithstanding clause is seen not only as an overreach but also as an indication of Poilievre’s authoritarian tendencies—a “trumpy” approach that prioritizes personal opinion over established legal norms. Such a path risks alienating those who value the rule of law and the independence of the judiciary.

News: Poilievre says he’ll use notwithstanding clause to ensure multiple-murderers die in prison

While both Trump and Poilievre use populist slogans and insults to galvanize supporters, Poilievre has thus far avoided Trump’s more extreme policies, opting to focus his populist messaging on economic concerns.

November 9 2024

Poilievre’s tough-on-crime rhetoric may resonate with certain voter bases, but the implications of his proposals extend far beyond immediate policy goals. They strike at the heart of Canada’s democratic values and the delicate balance of power that protects citizens’ rights. As we approach the upcoming election, it is crucial for Canadians to consider the long-term consequences of granting power to a leader willing to circumvent the Charter for political gain.

In a time when global democratic institutions face unprecedented challenges, Canada must stand firm in upholding its principles. Poilievre’s promise to invoke the notwithstanding clause is a stark reminder of the stakes at play. It is a promise that, if fulfilled, could fundamentally alter the landscape of Canadian governance. For this reason, it stands as yet another compelling argument.

“Notwithstanding Clause” no doubt instantly triggers eye glazing in vast swaths of Canadians, a nation where many voters remain unaware of its implications until they feel the impact firsthand. Pierre Poilievre, echoing Trump, is using populist outrage to justify potentially overriding judicial independence with the notwithstanding clause, signalling a troubling shift towards authoritarianism. What might have been seen as fear-mongering before an election becomes irrelevant once a movement takes power. When these accusations no longer trigger instinctive reactions, they solidify into harsh realities. Just look south for proof of this. Timbit Trump’s promise to enforce life sentences by bypassing court decisions raises concerns about future threats to constitutional rights, drawing unsettling parallels with recent U.S. politics. Today, Poilievre targets criminal sentencing, but despite denying admiration for Trump, he emulates many strategies from the Trump playbook, suggesting he might next challenge academic freedom, women’s rights, or other constitutional protections. This commitment to undermining judicial independence to consolidate power is the pivotal issue of this election, as it echoes the U.S. pattern of filling the judiciary with like-minded judges and defying court rulings, reflecting a desire to centralize authority. Sure, just what democracy ordered: another leader eager to override court decisions with his own, thanks to the trusty notwithstanding clause. Vote for this at your peril.

Check out my making-of animated editorial cartoon for April 19, 2025, below! If you haven’t yet, please subscribe to my Substack newsletter, where I share weekly editorial cartoons every Saturday morning. Substack is a crucial platform for me amidst the uncertainties of being a staff cartoonist, especially given recent layoffs and newspaper closures affecting our field. As long as I hold my position, subscriptions will remain free. Thank you for your support! This “note” helps craft my weekly posts and showcases animated versions of my cartoons. Enjoy!

YouTube: Easter Bunny Rejection  https://youtu.be/jDyQEaocYGc

– The Graeme Gallery

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Thursday July 18, 2024

The recent Council of the Federation meeting highlighted the usual bevy of provincial grievances against federal overreach, emphasizing the growing tensions in Canadian federalism and the need for more cooperative relations.

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Thursday July 18, 2024

Provincial Grievances Highlight the Growing Tension in Canadian Federalism  

February 7, 2023

It comes as no surprise that the recent Council of the Federation meeting in Halifax saw Canada’s premiers united in their grievances against the federal government. This annual summer gathering has become something of a tradition, a platform for provincial leaders to air their frustrations with Ottawa. The provinces, though not spoken of in the same way as municipalities, are often seen as creatures of the federal government, a status that exacerbates the tension between different levels of government in Canada’s federal system.

The bickering between levels of government tends to amplify as one ascends the confederation ladder. Municipalities complain about provincial overreach, while provinces direct their ire at the federal government. This year, the premiers’ complaints were particularly focused on what they perceive as federal overreach into provincial jurisdictions. Premier after premier took to the podium to criticize the federal government for imposing policies that they argue should be under provincial control.

News: Premiers push federal government to accelerate NATO defence spending

August 24, 2022

The Justin Trudeau government has indeed used its federal clout more aggressively than its predecessors to impose policies on lower levels of government. Initiatives such as dental care, pharmacare, carbon pricing, and most recently Trudeau’s school lunch program are prime examples. While these programs aim to address national issues, they have sparked significant pushback from provincial leaders who argue that such policies infringe on their jurisdiction and autonomy.

Alberta Premier Danielle Smith’s criticism of federal funding for municipal housing projects highlights a common concern among the premiers: the bypassing of provincial governments in favour of direct federal-municipal relationships. Smith’s “stay out of my backyard bill,” which would require provincial oversight of housing deals between the federal government and municipalities, underscores the desire for provincial control over these matters.

The federal government, led by Justin Trudeau, is making changes to its climate policy, which primarily benefit Atlantic Canada. These changes include increased rural rebates and exemptions for home heating oil from the carbon tax. This has generated mixed reactions and debates.

October 28, 2023

The carbon pricing policy has been another flashpoint. Premiers have united in calling for a pause on carbon pricing for home heating, criticizing the federal government’s exemption for Atlantic Canada as unfair. This selective application of federal policy has led to calls for a more consistent and equitable approach across all provinces.

Discussions around equalization payments further highlight the ongoing tension. Saskatchewan Premier Scott Moe’s call for a reform of the equalization formula reflects a broader sentiment among the premiers that the current system is outdated and unfair to certain provinces. The push for a new formula that redistributes funds on a per capita basis in addition to the existing criteria aims to address these perceived inequities.

At the heart of these grievances is a call for a more cooperative federalism. The premiers are not merely seeking to push back against federal policies; they are advocating for a true partnership with Ottawa. This means engaging in meaningful consultations and collaborative decision-making processes that respect provincial autonomy while addressing national challenges.

News: ‘Buy North America’ is Doug Ford’s new mantra as U.S. trade talk worries Canadian premiers

July 21, 2023

Nova Scotia Premier Tim Houston’s letter to Prime Minister Trudeau, requesting better engagement and a refraining from unilateral actions in areas of provincial jurisdiction, encapsulates this desire for a renewed federal-provincial relationship. The call for a First Ministers’ meeting to discuss these issues in person further emphasizes the need for direct and cooperative dialogue.

The annual Council of the Federation meeting serves as a reminder of the inherent tensions within Canadian federalism. While the premiers’ complaints about federal overreach are not new, they underscore the ongoing challenges of balancing national objectives with provincial autonomy. As the Trudeau government continues to push forward with its policy agenda, it must also heed the calls for a more collaborative and respectful approach to federal-provincial relations. Only through such cooperation can the diverse needs and priorities of all Canadians be effectively addressed. (AI)

 

Friday November 2, 2018

By Graeme MacKay, Editorial Cartoonist, The Hamilton Spectator – Friday November 2, 2018

Statistics Canada’s request for banking data of 500,000 Canadians provokes privacy investigation

June 22, 2010

Federal privacy commissioner Daniel Therrien says he is investigating Statistics Canada’s request for private banking information on 500,000 Canadians.

Therrien said Wednesday that numerous people have complained to his office about the agency’s effort to gather detailed information on transactions held by Canadian financial institutions, from cash-machine withdrawals to credit-card payments to account balances.

The formal investigation will include an examination of the requests Statistics Canada has made to businesses in multiple industries for data they collect on their customers and business partners, he said.

Canada’s chief statistician, Anil Arora, said traditional methods of gathering data aren’t good enough to measure Canada’s economy and changes in society.

February 17, 2014

“More than 75 per cent of purchases are conducted online by Canadians and Statistics Canada has to have access to these data in order to provide all Canadians with the timely and quality statistics they need in areas such as housing and debt and the impacts of transitioning to a gig economy,” Arora said.

Therrien’s last report to Parliament mentioned Statistics Canada’s growing reliance on “administrative data sources,” mainly information collected by businesses about their customers. Many of those businesses have contacted the privacy commissioner to make sure that sharing it is OK, his report said.

Therrien suggested that wherever possible, Statistics Canada should tell the companies involved to strip names and identifying information from the data before sending it over.

August 23, 2016

“To ensure transparency, we recommended StatCan let the Canadian public know how and why it is increasing its collection of data from administrative and other non-traditional sources,” the report said.

Arora said the privacy commissioner was consulted as Statistics Canada planned its pilot project on financial data, but added he has asked Therrien to take a second look.

Statistics Canada can compel businesses to supply a wide range of data.

“I understand the concerns that Canadians have and want to assure them that their personal information is carefully protected and never shared publicly,” Arora said.(Source: Hamilton Spectator) 

Link to Cartoon on TheSpec.com.