Tuesday, September 11, 2018

Province's Invocation of Notwithstanding Clause Troubling

   The Province's decision to invoke the Charter's "notwithstanding clause" to usurp the unconstitutional finding by the Superior Court of Bill 5 puts a particular gloss on the new government which will likely be imprinted in the consciousness of Ontario's voters for years to come.  Both the manner in which the Ontario Government passed the law and the manner in which they responded to the Superior Court's finding of unconstituionality conveys to Ontario residents that public consultation, due process and The Rule of Law are not high on this government's agenda.

   What is clear to this writer is that this government does not seem to appreciate the substance of the Superior Court's decision.  This is problematic.  Reading between the lines from the Premier's comments about the judge who authored the decision, it is clear to this writer that parliamentary supremacy is his thing.  The judge is appointed and not elected by the people he raged.

   If I was a betting man I would bet that this will not be the last time this government turns to the notwithstanding clause during their tenure.  Fasten your seat-belts !