Author Topic: Ontario Government of Doug Ford  (Read 10090 times)

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Offline Queefer Sutherland

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Re: Ontario Government of Doug Ford
« Reply #75 on: September 16, 2018, 05:44:09 am »
It was designed to allow government to push back against judicial overreach. There's nothing in the law that says anything whatsoever about "A last resort, emergency situation only". It certainly wasn't used that way in Saskatchewan.

It wasn't designed for judicial overreach, it was designed to appease some provinces that were worried the Charter would limit their power because they all couldn't perfectly agree on the Charter contents.  Quebec didn't sign the Charter so they used the clause at will.

The judiciary is the primary check on the government leader's power (PM, Premiers).  The GG or LG is essentially a rubber stamp, so is the senate/upper chamber.  Stop and think for 2 seconds what it means for a Premier or PM to have the power to override the Constitution and our rights.  It should be used only in exceptional circumstances and as a last resort.  That's how its been used by convention by the governments usually, besides Quebec.  Personally I think the clause is garbage and shouldn't be in the Charter, it's extremely dangerous in the wrong hands.

I don't care what you think the agenda of judges are.  The judiciary has a vital role and if you think they have a bias well of course they do, so do all judges in any country.  Ford using the clause in this case during a damned election is completely stupid.  You can't just ignore the courts at will because you disagree with them.
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