Law Ontario Premier Doug Ford plans to overrides the Judiciary with Section 33

Arkain2K

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Once again, the perfectly-legal Section 33 rears its ugly undemocratic head.​

Canadians love nothing more than a good old-fashioned constitutional crisis

Michael Enright · September 14, 2018



Canadians love nothing more than a good old-fashioned constitutional crisis that pits Ottawa against the provinces.

Politicians love them because they get to say things like "the voice of the people," "rights and freedoms,'' and "our sacred democracy.''

Reporters love them, because tension, conflict and bad temper — leading perhaps to an outburst of name-calling — are bread and butter in journalism.

Members of the National Association of Explainers, mostly academics, adore constitutional crises because they get the opportunity to parade their credentials into 15 minutes, or more likely a minute thirty, of national exposure.

We haven't had a bone-crushing constitutional fight in decades. People not alive in those great days, cry out for understanding.

Little ones chirp: "Grandpa what did you do in the Meech Lake Wars?"
And: "Please please tell us more about the Charlottetown Accord."

But now, thanks to the Ontario government, Canadians are back in the mosh pit of constitutional paranoia and nail-biting. We will all get a chance to argue about what notwithstanding really means.

Premier Doug Ford, a giant in the decals, labels and tags industry, touched off the current flare-up when he got down and serious about his hatred for Toronto and all its evils.

A one-time losing candidate for mayor, Premier Ford, in what many called a fit of personal pique, decided to reduce the size of the city's councillors from 47 to 25.

The thing is, he didn't campaign on the issue and he didn't tell anybody at city council about it until his big announcement.

And he did it in the middle of municipal election campaigns.

The governors of the city were flabbergasted. They forgot that Doug Ford is about as subtle as Sonny Corleone.

When a judge ruled the government's action was unconstitutional, Premier Ford went nuclear.

He triggered the constitutional override, the notwithstanding clause, Sec. 33, which in effect erased the judge's ruling.


Section 33 was put into the Charter of Rights and Freedoms by Pierre Trudeau in order to get the western provinces to sign on to repatriation of the Constitution.

All hell broke loose last week in the provincial legislature.

Ford was called a dictator. Even Conservative icons like Brian Mulroney and the sainted former Ontario premier Bill Davis said Ford was undermining the rule of law.

Said former premier Bob Rae: "It changes the legal and political culture of the country overnight."

Ironically, Mulroney's daughter is Ontario's Attorney General. And she supports her premier.

Premier Ford has said he will use Section 33 anytime he feels it necessary. Translated, "If I don't get what I want, I'll push the red button again."

He seems to want to treat the notwithstanding clause as just one more personal power tool.

And he has got his acolytes talking about "a cabal of unelected judges." Ford's favourite newspaper, The Toronto Sun, screamed "Ford Had No Choice."

Which of course is nonsense. The city clerk now says it is virtually impossible to stage a fair election next month.

What Premier Ford has done in Ontario is unprecedented but perfectly legal.

The danger is that provincial premiers might begin using Section 33 as a way to get what they want and to hell with the courts.

If that happens, we'll have a real constitutional crisis to talk about.

https://www.cbc.ca/radio/thesundaye...old-fashioned-constitutional-crisis-1.4822699
 
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Wow, a conservative underming rule of law. How surprising.
 
Ontario Premier Doug Ford plans to invoke notwithstanding clause.
Here’s what you need to know




Ontario Progressive Conservative Premier Doug Ford says he plans to invoke the notwithstanding clause of the Charter of Rights and Freedoms after a judge struck down the contentious Bill 5 that would cut the size of Toronto city council nearly in half.

“I believe the judge’s decision is deeply concerning and the result is unacceptable to the people of Ontario,” Ford told reporters Monday.

The premier said he will recall the legislature this week to reintroduce the bill.

“Our first order of business will be to reintroduce the Better Local Government Act, and with it invoke Section 33 of the Constitution,” Ford said.

Ford’s announcement comes just hours after Ontario Superior Court Justice Edward Belobaba ruled that the province “clearly crossed a line” when it introduced legislation cutting the number of wards to 25 from 47 in the middle of a municipal election and “substantially interfered with the municipal candidates’ freedom of expression.”

“It appears that Bill 5 was hurriedly enacted to take effect in the middle of the city’s election without much thought at all, more out of pique than principle,” Belobaba wrote.

“As things now stand — and until a constitutionally valid provincial law says otherwise — the city has 47 wards.”

Ford says his government will also be appealing the judge’s decision.

The stunning announcements Monday leave the election – scheduled for Oct. 22 – in a state of uncertainty as city clerks prepare for an election with either 47 or 25 candidates.

Here is what you need to know about the notwithstanding clause.

What is it?

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The Queen signs Canada’s constitutional proclamation in Ottawa on April 17, 1982 as Prime Minister Pierre Trudeau looks on.


Under Section 33 of the Charter of Rights and Freedoms, the notwithstanding clause gives provincial legislatures or the federal government the ability to supersede certain portions of the Charter for a five-year term.

“It permits a government to say a law that can operate notwithstanding certain provisions in the charter,” said Carissima Mathen, a professor of constitutional law at the University of Ottawa.

Mathen says it’s important to note that Section 33 only applies to certain constitutional rights and not the entire Charter, but it can apply to section 2(b) of the Charter of Rights and Freedoms which is the provision that Belobaba relied on.

Mathen said the Ford government could say it applies to even more sections of the Charter, even invoking them all.

“He might say this law operates notwithstanding Section 2 and 7 through 15,” she said. “If you do that, it means you treat the law as if those constitutional rights don’t exist, they are off the table.”

Why was Section 33 added?

In the early 1980s, as charter negotiations ramped up between the provinces and then-prime minister Pierre Trudeau, some provincial governments, namely Alberta and Saskatchewan, were concerned it would affect their ability to pass laws.

“It was added quite late in the process,” Mathen said. “The provinces were concerned that putting in a charter would really affect their powers.”

Provinces also wanted a mechanism that would give them an out if there is a disagreement with a court decision.

How often has it been used?

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The notwithstanding clause is an often discussed but rarely used section of the Charter.

It has never been invoked by the federal government or in Ontario since the Charter was passed in 1982.

Mathen said one of its first major uses was in Quebec when the provincial government invoked the clause in every new law immediately after the passage of the Charter. Quebec used it again in 1988 to protect residents and businesses using French-only signs.

Saskatchewan used the clause in 1986 to protect back-to-work legislation and in 2017 former premier Brad Wall promised to use the clause to override a court order mandating that the provincial government stop paying for non-Catholics to go to Catholic school.

In 2000, the Alberta government infamously tried to use the clause to limit marriage to a man and a woman. That failed after the Supreme Court ruled that the definition of marriage was the exclusive domain of Parliament.

The Yukon was the first Canadian jurisdiction to use section 33. It was part of the territory’s Land Planning and Development Act, which, although assented to, was never proclaimed into force.

How quickly could Ford invoke Section 33?

As the Progressive Conservatives currently have a majority government, Bill 5 could be reinstated with the notwithstanding clause invoked fairly quickly.

“He’s got a majority. We can pretty much take that as it’s going to be done,” Mathen said.

Ford said he will recall MPs this week to reintroduce Bill 5 in an effort to have it pass before the election.

“My direction to our house leader and whip is to do what it takes to ensure that this law — which has already been passed once — is reintroduced, voted on and passed again on the quickest possible timetable,” Ford said.

Ford, a former city councillor, abruptly announced the bill in late July and did not discuss it during the last election or the throne speech. He has argued it would improve decision-making on the council with savings of $25 million over four years.

Ontario NDP leader Andrea Horwath called Ford’s move undemocratic and a waste of public money and government resources.

“Doug Ford is literally suspending the Charter of Rights for Ontario’s people in order to plough ahead with his revenge plot against his political enemies at Toronto City Hall,” Horwath told reporters. “He trampled on people’s Charter Rights with Bill 5 that is a fact.”

Toronto mayoral candidate Jennifer Keesmaat condemned Ford’s decision calling it a “disgrace.”

“It is completely unacceptable to suspend the Canadian Charter of Rights and Freedoms in pursuit of old political grudges,” Keesmaat said in a statement “And that is what this is about. Premier Ford did not campaign on this issue. He has no democratic mandate to do this. And it is a disgrace to suspend the Charter on this or any other issue.”

https://globalnews.ca/news/4438198/notwithstanding-clause-doug-ford-bill-5-toronto-city-council/
 
Anger over the use of the notwithstanding clause by Ontario Premier Doug Ford is creating chaos in the Ontario Legislature and Toronto city council. There were plenty of disruptions as protesters and NDP MPs had to be removed.

 
Justin Trudeau trying to look good by not get involved. What's he going to do? Undermine his father's legacy by contradicting the not withstanding clause?

Lol.
 
Good. I live in TO. My city counselor is a twit. Less politicians is a good thing.

These are the people who spend $60M on racoon proof garbage bins, which are not racoon proof.
 
Good. I live in TO. My city counselor is a twit. Less politicians is a good thing.

These are the people who spend $60M on racoon proof garbage bins, which are not racoon proof.

If the voters recognize them as utterly useless, then surely they could be get rid of democratically?

If the issue went on the ballot like how it should, who would vote against it?
 
I'm not an expert on the Canadian legal system whatsoever, but just knowing what is provided by Arkain in this thread, and applying US legal principles, this reads like a flagrant and unprincipled power grab
 
Canadian Constitutional Crisis: Ontario Premier Doug Ford overrides the Judiciary with Section 33

Doug Ford is one of the great intellectuals. Really very special guy. I just spoke to one of the biggest CEOs, great guy, and he loves what Doug Ford is doing despite what the despicable fake news media say.
 
Good. I live in TO. My city counselor is a twit. Less politicians is a good thing.

These are the people who spend $60M on racoon proof garbage bins, which are not racoon proof.

As much shit as I give my adopted homeland, how fucking adorable is it that raccoons figure into our poltical discourse?
 
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