Posts Tagged ‘rights’

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Doug Ford can’t apply the notwithstanding clause retroactively to impede democracy

Tuesday, September 18th, 2018

In the light of his impatience in regard to changing the rules for the municipal election – and even to the time it takes to appeal judgments he dislikes – we can expect more retroactive overrides. These actions will, in effect, pre-empt the role of the judiciary designated by the Constitution to be impartial arbiters of the constitutional validity of legislation… The Charter expressly guarantees fundamental rights so that we can live our lives within a rights-protecting constitutional democracy dedicated to the rule of law.

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We should judge decisions, not judges

Saturday, September 15th, 2018

Of course politicians are elected and judges are appointed. But that does not mean that governments should be free from the scrutiny of the courts. Nor that judges must be elected for that scrutiny to be legitimate… But Canadian courts have largely avoided the deep ideological and partisan divisions we see south of the border.

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Doug Ford, no power grab is worth undermining Canada’s solid foundation

Thursday, September 13th, 2018

Governments are required to act in accordance with the law and, in particular, our Constitution. Even when you don’t agree with the law… Politicians are not any more legitimate in our democracy than judges. The judiciary acts as an independent check on government authority because it is unelected, not in spite of it. That is how we, as a democratic country, have decided to govern ourselves. Moreover, the judiciary has a particular function in protecting the minority from the majority that elected representatives cannot, by nature, be counted on to carry out.

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Ford government should clearly explain rationale for invoking notwithstanding clause

Wednesday, September 12th, 2018

Whatever one thinks of the use of the notwithstanding clause, few scholars would advocate for government-by-notwithstanding-clause. Such an approach would seriously undermine constitutional rights protections. Any use of the notwithstanding clause should be preceded by serious, reasoned deliberation, both within the executive and in the legislature. The Ford government should clearly explain its rationale for seeking to invoke the clause.

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Doug Ford is trampling on the rights of all Ontarians

Wednesday, September 12th, 2018

For the past 36 years, ever since the Charter of Rights and Freedoms was entrenched in Canada’s Constitution, Ontario premiers of all political persuasions managed to govern while respecting our fundamental rights… none… found it necessary to brush aside basic Charter freedoms and invoke the Constitution’s nuclear option, the “notwithstanding” clause, to exercise their will.

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Ford majority exposes democratic crisis

Thursday, September 6th, 2018

The Ontario election is yet another symptom of a democratic dilemma facing Canada. A minority of voters elect the government. The leaders then claim a mandate to make changes not widely supported by the majority. When voters are left to wonder whether their vote really matters, they lose confidence. When voters lose confidence, many just don’t show up at the polls… A ranked or preferential ballot might be the easiest way to address both the federal and provincial representative dilemma.

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College faculty union taking province to court after task force on precarious work scrapped

Thursday, September 6th, 2018

The union representing Ontario college faculty is taking the Progressive Conservative government to court after it terminated a task force that was trying to fix the growing problem of part-time and contract work… the College Task Force was a key part of the arbitrator’s decision last year, ending a bitter dispute between faculty members and Ontario’s 24 colleges that culminated in a record-long, five-week strike.

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Courts are catching up to Ford’s ‘unlawful’ ways

Tuesday, September 4th, 2018

Smart governments focus on wise legislation, not wild litigation. Let us count the legal battles looming over the Tories after two months in office: … the premier’s impulsive meddling in the middle of Toronto’s municipal elections… the government’s arbitrary rollback of the updated sexual education curriculum… a minimum income program prematurely cancelled… cancellation of Ontario’s cap and trade program… Rolling back renewable energy laws… recklessly endangering lives by suspending emergency prevention sites

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The critics are right: Campus life is not what it used to be

Sunday, September 2nd, 2018

It is the university administrators who are advocating on behalf of students, motivated by a mix of genuine concern for students’ well-being and enlightened self-interest… The incentives to retain students are compounded, especially in Ontario, by provincial government funding formulas… University administrators are also keenly concerned with their institution’s reputation, because reputation drives student numbers, faculty recruitment and retention, donations, the ability to attract research funds and more.

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Pathways to Education lowers barriers to achievement for poor kids

Sunday, September 2nd, 2018

… the dropout rate in low-income communities across the country ranges from 30 to 50 per cent as a result of barriers to education… for every dollar invested in Pathways to Education, there is a return on investment of $24 — a cumulative lifetime benefit to society of $600,000 for every graduate, when you consider factors like higher taxes paid, better life expectancy and health outcomes, and reduced government transfer payments.

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