Thoughts on BC Politics and More

The federal government has long objected to provinces using the Charter of Rights and Freedoms’ “notwithstanding” clause, arguing it lets them trample over the rights of Canadians. But that view, flawed as it is, is nothing compared to Ottawa’s latest gambit on this issue, writes Andrew Roman.  Liberal Justice Minister Sean Fraser’s recent intervention in the case of Quebec’s Bill 21 asks the Supreme Court of Canada to declare limits on the use of the notwithstanding clause. This would amount to a backdoor amendment of the Constitution by the court, one that would give judges even more power and leave elected representatives even less scope to avoid or undo their harmful decisions.  More than just an attack on provincial autonomy, writes Roman, it threatens to upset the balance at the heart of Canada’s federal democracy ... CLICK HERE for the full story

The question that has been dogging me since I read the federal government’s submission to the Supreme Court last week, which asked the Court to restrict the ability of governments to use the Charter’s notwithstanding clause, is: Why? Why would Mark Carney, who has flaunted his nationalist credentials and talked up the need for us to pull together as a country, risk provoking a national unity crisis? By asking the Supreme Court to rewrite the Charter to give judges even more power to override democratic decision-making, Carney has staked out the most aggressive possible position on the issue, going much further than Justin Trudeau ever did. If the Court accepts the federal argument, it would overturn the longstanding constitutional status quo and directly challenge the positions of the Alberta, Ontario, and Québec governments. What makes Carney’s move so strange is that it is unnecessary ... CLICK HERE for the full story 

If Carney wants to amend the Constitution, then he should just amend the Constitution  Prime Minister Mark Carney’s request for the Supreme Court of Canada to provide guidance on the use of the notwithstanding clause may seem rather technical, but it’s actually quite radical. In practice, it risks disrupting the delicate balance in our constitutional system in favour of judicial supremacy. Section 33 of the Charter—the notwithstanding clause—is plain in its language and unambiguous in its meaning. For more than 40 years, its origins and purpose have gone constitutionally uncontested.  That’s because the whole point of the provision (which was a linchpin of the constitutional rounds of the early 1980s) was to balance judicial supremacy with parliamentary sovereignty. Think of it as a system of judicial review but with a democratic backstop ... CLICK HERE for the full story

... Canada’s Constitution separates powers between Ottawa and the provinces based on the principle of divided sovereignty. No order of government is subordinate to the other and, in principle, all governments can act autonomously in their respective areas of jurisdiction. Life would be easy if the problems we faced adhered to the 1867 Constitution Act. Most challenges, however, transcend the individual categories of jurisdiction. Collaboration among jurisdictions is therefore essential to meet the individual and collective needs of Canadians. From apprenticeships to energy corridors, childcare to caregiving, most policy areas require sustained and substantive co-ordination to succeed. Often, like in case of housing and climate change, this must also include municipalities. In addition, intergovernmental co-ordination must finally reflect a nation-to-nation relationship with Indigenous peoples ... CLICK HERE for the full story

Is a national unity crisis about to descend on to Canada? That could be the result, if Prime Minister Justin Trudeau government proceeds, as it’s beginning to suggest, in torpedoing yet another massive energy project in the province of Alberta.  There have been warning signs that the federal Liberal government could delay, or outright reject, Teck Resources $20 billion oil sands project ( Frontier Oil Sands Mine ), that would employ up to 7,000 Canadians. This, even though the project has cleared every regulatory hurdle, exceeded every environmental requirement, and has the support of all 14 First Nations in the area. And make no mistake, if the government rejects this project, a project with zero local opposition, and massive economic potential, it is sending a clear message – a message that no resource project will be approved in Canada again. For a province like Alberta or Saskatchewan, or even in northern British Columbia, this actually...

Few people understand that every province in Canada has separate sovereignty different from that of the federal government. Our Constitution, Section 92 sets it out:      92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated ; that is to say,        1. Repealed.        2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.        3. The borrowing of Money on the sole Credit of the Province.        4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers.        5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon.        6. The Es...

Premier Jason Kenney issued the following statement in response to Quebec Premier Francois Legault’s comments on equalization: “Quebec Premier François Legault’s comments reflect a misunderstanding of the history of equalization, and Alberta’s demand for fairness in the federation. “Equalization has not ‘been in the Constitution since Day One of Canada.’ The principle of equalization was included for the first time in the 1982 Constitution Act , which Quebec refused to sign . It is historically inaccurate to say that ... ‘When Quebec got into Canada, equalization was in the plan. It is part of the original deal. We can’t change the original deal.’ In fact, equalization began as a unilateral federal program in 1957, and has undergone many significant changes since then. “It is also completely false to suggest, as Premier Legault does, that I am ‘starting to become separatist.’ As I have said repeatedly, I always have been and always will be a ...

The Office of the BC Auditor General has released their progress audit , on the Ministry of Education’s changes, since the 2015 report on the education of Aboriginal students in the B.C. public school system . In the original 2015 audit, there were gaps found between Indigenous and non-Indigenous students in reading, writing and math assessments; in graduation rates; and in how safe they feel in school. These are strong indicators of a  student’s future well-being. The stakes are high for Indigenous students, their families and communities, and the province, because students who graduate from high school have improved life chances in areas such as employment and health. In 2015, twelve recommendations were made to assist the ministry in closing the gaps. In this progress audit, it was found that the gaps have gotten smaller, but are still substantial. In 2015, the graduation rate for Indigenous students was 24% lower than for non-Indigenous stu...