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#notwithstandingclause

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For clarity, the global fascist’s playbook involves twisting a country’s rules and manipulating its institutions in order to consolidate power and overcome impediments to unilateral rule. In #Canada the biggest weakness encoded in our constitution is the #NotwithstandingClause, which enables provincial governments to ‘opt out’ of federal legislation if they feel it encroaches on provincial sovereignty, and we’ve seen multiple instance of provincial Conservative governments invoking the NWC in order to ram through their agendas. Recently now, we’re even seeing PM Conservative hopeful Pierre #Poillievre alluding to invoking the NWC federally in order to pass likely-unconstitutional ‘tough on crime’ legislation.

The global rise of fascism is a coordinated effort to undermine democracies worldwide to the benefit of the multinational oligarchs.

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@camerondotca
Personally, I think the Québec sign law is a reasonable compromise, even if it infringes on freedom of expression. Legislatures are generally better at hammering out compromises than courts.

On the other hand, there are cases in which the #NotwithstandingClause has been used foolishly, e.g., to deny jobs to teachers who choose to wear headscarves.

And personally I want the clause to be used to overrule the decision on sentencing in R. v. Bissonnette.

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@camerondotca
Before the Charter, Canada had a constitutional system of parliamentary supremacy. By bringing in the Charter, we gave judges the power to override democracy in the name of specified rights. That inevitably leads to differences in interpretation [0], and so we adopted the #NotwithstandingClause to give parliament the final word.

[0] Even the Supreme Court of today sometimes finds that the Supreme Court of 1990 was mistaken.

When Merv Leitch and Peter Lougheed created the notwithstanding clause, they couldn't have imagined a Canada where premiers could invoke the clause without political or moral hazard. The Senate is now debating a provocative proposition. Should we vow, preemptively, to refuse to pass any law that preemptively deploys the clause? Here's my take - which starts with a little history lesson. youtu.be/IEnAWFmLdjE?si=8pSfng #SenateofCanada #NotwithstandingClause #cdnpoli #Alberta #abpoli #Vriend

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This far, I have had 10 responses from 15 mayors re my concerns about the #notwithstandingclause being used AGAINST the unhoused people of Ontario.
EIGHT of those responses were form-letter bullshit, unworthy of response but got some anyways.
ONLY the present mayor of St Catherines and the mayor of Barrie responded with anything truly deep or personal and their rationalizations and reasons were weak enough that I STILL am encouraging them to resign, based upon those responses.
It's not good.

If you are a mayor of an Ontario municipality, and the ONLY WAY you can see to governing that municipality is by asking the premier to take away the basic Human Rights of your poorest constituents, then you are a shit mayor who should resign in total shame.

Like the mayors of THESE cities:

Barrie
Brampton
Pickering
Brantford
Chatem-Kent
Clarington
Oakville
Oshawa
Sudbury
Windsor
Pickering
St Catherines
Cambridge

#ontario #onpoli #notwithstandingclause

cbc.ca/news/canada/toronto/ont

CBCOntario mayors ask Ford to use notwithstanding clause to clear homeless encampments | CBC NewsThirteen Ontario city mayors are asking Premier Doug Ford to use the notwithstanding clause to override a court decision preventing municipalities from clearing homeless encampments if their shelters are full.
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🇨🇦 Conservative leader Pierre Poilievre actually called THE SUPREME COURT OF CANADA a "government bureaucracy"

Tromp also attacked the Supreme Court until he stacked it full of 'his people'. Now that Court makes decisions that benefit him personally & break constitutional principles.

#Poilievre wants you to distrust our national institutions including the Supreme Court of #Canada.
It's that simple.
Then he will try & take us down the same road as the US.

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@AlisonCreekside The concern you raised was that #PP might use the #NotWithstandingClause to pass unconstituonal stuff. So, as #AndrewCoyne points out, things could get interesting.
Gleaning a bit from Andrew's article, I dug up a page on short lived PM #KimCampbell's attempt to restrict abortion access, which seems quite relevant here. The senate rejected it after it passed the house, on a tie vote.
upi.com/Archives/1991/02/01/Ca #cdnpoli

UPI · Canadian Parliament defeats proposed abortion law - UPI ArchivesThe Conservative government abandoned efforts to create a new abortion law after Parliament defeated a bill to outlaw abortions unless a woman's physical,...