福省长牛,动用但书条款,不鸟判决!

本帖由 Jay Wang2018-09-10 发布。版面名称:渥太华华人论坛

  1. 向问天

    向问天 日月神教光明左使 ID:112302 VIP

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    嗯。老土豆当年加的这个条款:

    It was first added to the constitutional accord in 1981 under then-prime minister Pierre Trudeau, despite his stated opposition, following a conference with the First Ministers and in part thanks to a compromise by then-justice minister Jean Chretien. It came into force as an amendment to the Constitution in 1982.
     
  2. 阿土仔

    阿土仔 本站元老 ID:73202 VIP

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    我擦!这坑深啊!连老土豆都挖出来了!:crazy::D
     
  3. 向问天

    向问天 日月神教光明左使 ID:112302 VIP

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    一些政客为了自己一己私利,肆意修改法律,今天发现还有后坐力。
     
  4. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    upload_2018-9-12_0-49-52.png

    Political leaders past and present are raising concerns about Ontario Premier Doug Ford’s plan to use the notwithstanding clause of the Charter of Rights and Freedoms to enforce his changes to the size of Toronto’s city council.

    The notwithstanding clause is Section 33 of the 1982 Constitution Act. It allows the provinces or the federal government to overrule certain Charter rights for a period of five years by using an Act of Parliament. Ford said Monday that he would use the power for the first time in Ontario’s history after a court ruled that his legislation to cut the size of Toronto city council from 47 seats to 25 mid-election interfered with voters’ and candidates’ freedom of expression.

    Brian Mulroney, who was prime minister in the early days of the Charter, says that although it’s “not anti-democratic” for a premier to use the clause, he was “never tempted to use it” while in office.

    “I had no interest in using it no matter what,” Mulroney told reporters Tuesday.

    The former Progressive Conservative prime minister’s daughter, Caroline Mulroney, is the current Ontario Attorney General who will oversee the historic legislation. They have not discussed the issue, he said.

    Mulroney added that he has always opposed using the clause to overrule Supreme Court of Canada decisions.

    “For me, the backbone of our democracy, the strength of our democracy, is the independence and competence of the court system in Canada,” Mulroney added.

    Bob Rae, who served as NDP premier of Ontario from 1990 to 1995 and later as interim leader of the federal Liberals, told CTV’s Power Play Tuesday that he was “never for a second” tempted to use the power.

    “That may have had something do with the fact that I was very much involved in the constitutional discussions ... and felt very strongly that the Charter was a very fine achievement for Canada,” he said.

    According to Rae, the clause should be used only “with the utmost of discretion and only at the conclusion of a judicial process where you say, ‘Well, we respectfully disagree with the court.’”

    “In Ontario’s case, as soon as the Charter became the law, it very quickly became the view of a lot of people in different political parties that you really don’t want to get into the business of second-guessing the courts,” he added.

    Former Alberta premier Alison Redford, a Progressive Conservative, said that it can be appropriate for premiers to use the clause, but she believes it was only intended to be used after exhausting all possible appeals in the courts.

    Redford said that when she was attorney general in Alberta, she thought about using it in legislation aimed at controlling gangs that critics warned might be unconstitutional but it was only a last resort.

    “Our view at the time was to let the courts decide and if the courts did not decide in our favour then to possibly consider it,” she told Power Play.

    Redford said that using the notwithstanding clause without exhausting appeals “brings it into the legislative process, which is different than what I think the people who drafted the constitution and agreed to the constitution in 1982 intended.”

    Earlier on Tuesday, Prime Minister Justin Trudeau told reporters in Winnipeg that he believes the use of the notwithstanding clause must be done with “the utmost forethought and reflection.”

    “The Charter is there to protect Canadians from governments that overreach,” Trudeau said. “It’s something that Canadians value and identify with, and it’s something that protects us all.”

    Former Conservative justice minister Peter MacKay told CTV News that he was surprised that Ford chose to use the so-called “nuclear option” for what MacKay described as “a very limited circumstance.”

    “As a former federal justice minister issues that often came before us around child protection, particularly those that involved child sexual abuse or human trafficking (may have warranted) using the notwithstanding clause due to the public support,” MacKay said.

    “But clearly ... it was never intended for that purpose,” he added, referring to Ford’s council cuts legislation. “It was intended for very limited issues deemed to be of critical importance at a critical time.”

    “But clearly ... it was never intended for that purpose,” he added, referring to Ford’s council cuts legislation. “It was intended for very limited issues deemed to be of critical importance at a critical time.”
     
  5. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    [​IMG]

    [​IMG]
    Former premier Bill Davis, left, and Mayor John Tory laugh as Davis trades quips with the media during a post-council press conference on Dec. 2, 2014. Davis, a key player in the 1982 repatriation of the Constitution, has spoken out against Premier Doug Ford’s use of the “notwithstanding” clause. “The sole purpose of the notwithstanding clause was only for those exceptionally rare circumstances when a province wanted to bring in a specific benefit or program provision for a part of their population — people of a certain age, for example — that might have seemed discriminatory under the Charter,” he said. (David Cooper / Toronto Star)

    The man who governed Ontario from 1971 until 1985, told TVO’s Steve Paikin on Tuesday that “making the Charter a central part of our Constitution, Canada’s basic law, was a deliberate and focused decision by the prime minister and premiers.”

    Davis warned “the sole purpose of the notwithstanding clause was only for those exceptionally rare circumstances when a province wanted to bring in a specific benefit or program provision for a part of their population — people of a certain age, for example — that might have seemed discriminatory under the Charter.”

    “The notwithstanding provision has, understandably, rarely been used, because of the primacy of the Charter of Rights and Freedoms for all Canadians,” he told Paikin, who wrote the 2016 definitive biography, Bill Davis: Nation Builder, and Not So Bland After All.

    “That it might now be used regularly to assert the dominance of any government or elected politician over the rule of law or the legitimate jurisdiction of our courts of law was never anticipated or agreed to.”

    Davis is one of just three living first ministers — along with Newfoundland’s Brian Peckford and Nova Scotia’s John Buchanan — who worked closely with former prime minister Pierre Trudeau to repatriate the Constitution almost four decades ago.

    His alarm at the situation roiling Queen’s Park was echoed by former NDP premier Bob Rae, who governed from 1990 until 1995 and hailed Davis for speaking out “with force and clarity.”

    “The trouble is it’s not a ‘gambit,’ or about ‘positioning’ or ‘branding,’” Rae said on Twitter.

    “It’s about disrespect for democratic and lawful processes. The abuse of power is never a good thing. Populism turns democracy into dictatorship very quickly,” he cautioned.

    Former Tory prime minister Brian Mulroney — whose daughter, Caroline Mulroney, is Ford’s attorney general — has also weighed in.

    “Everybody knows I’m not a big fan of it and I never have been,” Mulroney said Tuesday of the provision, which he stressed he has not discussed with his eldest child.

    “Look, to me, the backbone and the enormous strength of Canada is the independence and the magnificence of our judiciary … That is a major thrust of our citizenship,” he said, referring to the notwithstanding clause as “the most abject surrender of federal authority in our history.”

    For her part, Caroline Mulroney insisted she was not fazed by Tory luminaries like her father and Davis entering the fray.

    “I’m worried about two things. One, I’m making sure we appeal this decision,” she said of Justice Edward Belobaba’s ruling that Ford’s legislation downsizing of Toronto council was unconstitutional.
     
  6. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    upload_2018-9-12_17-12-59.png

    [​IMG]
    Amnesty International on Wednesday condemned the move by Premier Doug Ford, seen here in Queen’s Park on Wednesday, to invoke the “notwithstanding” clause as a “contemptuous” disregard for the Charter of Rights and Freedoms. (Chris Young / THE CANADIAN PRESS)

    “To do so in a case involving the fundamental freedom of expression in a context in which core principles around elections and the underpinnings of our democracy are at stake is particularly disgraceful,” Neve said. “This invocation of section 33 by Premier Ford’s government should be withdrawn immediately. Questions about the interpretation and application of the Charter should be pursued through appeals and left to judges to determine.”

    Amnesty released its statement shortly after Ford’s reintroduced bill passed first reading amid a tumultuous day of protest at Queen’s Park in which protesters — including a woman in her 70s — were handcuffed and led from the legislature and several New Democratic representatives were kicked out for banging on their desks.

    After the NDP protest, the bill, named the Efficient Local Government Act, passed first reading 63-17. Only the remaining New Democrats, the Liberals, and the lone Green MPP voted against it.

    Premier Ford hastily recalled the Legislature to invoke the notwithstanding clause after Justice Edward Belobaba ruled on Monday that an earlier version of the bill violated the freedom of expression for voters and candidates.

    “There is no need and should be no place for such a crude provision as the notwithstanding clause,” Amnesty said in its statement, referring to the provision as a “a blatant human rights escape clause.”

    “Amnesty International calls on all governments in Canada to refrain from invoking it.”

    The notwithstanding clause is a rarely used provision of the charter that allows federal and provincial government to pass laws that violent certain rights and freedoms.
     
  7. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    upload_2018-9-12_17-20-41.png

    The federal Conservatives say Ontario Premier Doug Ford has the legal right to use the Constitution’s notwithstanding clause to move ahead with plans to cut the size of Toronto city council.

    Brock Harrison, a spokesman for Conservative Leader Andrew Scheer says the constitution places municipal administration under provincial authority.

    Harrison says that Ford made a decision that he is well within the law to make.

    The notwithstanding clause gives provincial legislatures and Parliament the ability to usher in legislation that overrides charter provisions, but only for a five-year period.

    Ford took the rarely used step Monday after a judge said it was unconstitutional to slash the number of city council seats in the middle of a municipal election without consultation, as it interfered with the right to freedom of expression of candidates and voters.

    While Conservative pundits were quick to defend Ford, members of the Conservative party have been largely quiet on the topic until now.
     
  8. ccc

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  9. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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  10. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    PM says Liberals will always defend charter, as Ford prepares to override it
    [​IMG]
    Prime Minister Justin Trudeau addresses the Liberal Party National Caucus meeting in Saskatoon on Wednesday, September 12, 2018. THE CANADIAN PRESS/Matt Smith

    Joan Bryden, The Canadian Press
    Published Wednesday, September 12, 2018 1:08PM EDT
    Last Updated Wednesday, September 12, 2018 6:28PM EDT

    SASKATOON -- Justin Trudeau kicked off a Liberal caucus retreat Wednesday with a distinct election flavour, including a ringing declaration that his party will always stand up for the Charter of Rights and Freedoms.

    The prime minister did not mention Ontario Premier Doug Ford but his assertion came just as the Ford government was reintroducing legislation to reduce the size of Toronto's city council -- using the Constitution's notwithstanding clause to override the charter.

    "Our government will always stand up for the rights of Canadians and will always respect the Charter of Rights and Freedoms," Trudeau said in French as he opened the two-day caucus retreat.

    "I think that bears repeating. We will always defend and uphold the Charter of Rights and Freedoms and the fundamental rights and freedoms of every Canadian," he reiterated in English.

    The caucus retreat is aimed at plotting strategy for next week's resumption of Parliament but Trudeau's opening remarks left little doubt Liberals are also preparing for the next federal election just over a year from now.

    Trudeau opened the retreat by recounting his government's accomplishments since it came to power in 2015.

    He boasted that the Canada Child Benefit has lifted more than 300,000 children out of poverty. And he said his government's middle class tax cut and investments in infrastructure have boosted the economy and resulted in a "historically low" unemployment rate.

    "Our focus from the very start has been real progress that makes a real difference in people's lives and delivers results for Canadians," he said.

    By contrast, Trudeau accused Andrew Scheer's Conservatives of being "stubbornly" opposed to measures to help the middle class and to fight climate change, "jeopardizing the future of our planet and our kids."

    What's more, he said, "they have absolutely no plan to grow our economy.

    "After 10 years under Stephen Harper of slow growth, rising income inequality and inaction on the environment, they're offering the same flawed approach. Well, that's completely unacceptable," Trudeau said.

    But it's not just federal Conservatives the Liberals are preparing to campaign against. With Trudeau's indirect dig at Ford over the charter and his refusal during a later meeting with Saskatchewan Premier Scott Moe to back down from the federal carbon pricing plan, the Liberals signalled their readiness to campaign against provincial conservatives as well.

    "I was disappointed, to be honest," Moe said following his tete-a-tete with the prime minister.

    "It's no secret that we've had a frosty relationship when it comes to economic files," he added, calling on the federal government to repeal its carbon pricing plan and legislation to beef up environmental impact assessments.

    Moe's government is going to court to challenge the constitutionality of the federal plan to impose a tax on carbon emissions in those provinces that don't come up with their own carbon pricing scheme by January. Ford's government has vowed to join that challenge.

    Just prior to Moe's meeting with Trudeau, Environment Minister Catherine McKenna made it clear the feds have no intention of budging on the issue.

    While provinces are best positioned to develop their own climate change plans, McKenna said: "We've been also clear and the prime minister's been extremely clear that if provinces don't take serious climate action, if they don't recognize the cost of pollution, that we will have to step in and we will return the revenues to individuals directly."

    McKenna said Saskatchewan has the highest per capita emissions in the country.

    Moe signalled that the federal Liberals will have another fight on their hands if they move to ban handguns and assault weapons in Canada -- as some Liberal MPs and Toronto and Montreal city councils are urging the government to do.
     
  11. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    With Doug Ford as Boss Hogtown, who needs a mayor?
    By Edward Keenan Star Columnist
    Wed., Sept. 12, 2018

    The City of Toronto Act is supposed to be a sort of city charter, defining the powers of the municipal government and how they work. It is still on the books, for now. Officially.

    But it would appear obvious, after the past two months and especially the past week, that the act has been effectively replaced. Instead we get the City of Toronto Actor: Premier Doug Ford. He’s gonna say how it’s gonna be. Period.

    [​IMG]
    Doug Ford lost when he ran for mayor of Toronto in 2014, but in just four years he’s found another path to taking control of the city, Edward Keenan writes. (Chris Young / THE CANADIAN PRESS FILE PHOTO)

    That’s an obvious enough conclusion after his snap decision to rewrite the rules of city government and election law in the middle of a Toronto election campaign, then haul out the notwithstanding clause to enforce that decision after a judge ruled it unconstitutional.

    It’s an obvious enough conclusion from his promise that he won’t be shy about using that power to set aside the Charter of Rights and Freedoms again — and his further comments making it clear he doesn’t believe in constitutional democracy as it exists in Canada, demonizing not just a judge but the entire role of judges in reviewing legislation as illegitimate.

    It’s obvious from his rhetoric about the “downtown NDP councillors” and Mayor John Tory, and Ford’s clear focus not on provincial issues but on Toronto — so much so that, when NDP leader Andrea Horwath accused him during Question Period of being “obsessed with his enemies on Toronto council,” he responded, “We were elected on making sure we fix this city.”

    This city, huh? Huh.

    Ford announced he was running for mayor of Toronto four years ago, on Sept. 12, 2014. He lost in that campaign. But one term of council later, he’s done better: As premier of Ontario, he appears ready to see himself as essentially All Powerful Boss of Toronto. And at this point, nothing in law or politics seems likely to disabuse him of that notion.

    Candidates will get 2 more days to register for 25-ward municipal election

    By now we’re past observing that his meddling with the size of council has thrown the election itself into chaos.

    What’s coming into focus is just how much of the election debate we might otherwise have had — the one we might mostly still have — is now kind of irrelevant.

    Not that the issues are irrelevant. Quite the opposite. People in this city cannot afford housing. We have more people trying to get into homeless shelters than we have beds for. People are being shot and killed by criminals. Transit and traffic concerns remain as pressing as ever. This is the stuff of our lives.

    Yet how can any mayor or city council plan credibly deal with that with Premier Boss Hogtown up the street ready and apparently eager to just impose his own will? For example, a candidate might want to raise property taxes, or implement a new “revenue tool” from among the menu of those included in the City of Toronto Act. Will Ford allow it? Or will he just fire up the legislature to set Toronto’s local tax rates?

    City council might vote to make the King St. transit pilot project permanent, as both leading mayoral candidates seem likely to do. But Ford could — and conceivably would — respond by just making streetcars illegal.

    He’s already begun planning to take over the TTC subway system. What else will he take over — either officially, or by legislatively handcuffing Toronto’s government?

    I expect a lot of people think this sounds like scaremongering, or overreacting. But I think it’s clear Ford has a keen interest in very local Toronto affairs, that he has shown he isn’t shy about using his provincial powers to get involved and, as my colleague Robert Benzie has reported, that he and his advisers see straight-up power plays like hitting the constitutional override button as political victories that make him look strong.
     
  12. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    竞选人还剩两天时间按25个新选区注册。

    :jiayou::jiayou:
     
  13. tt8966

    tt8966 知名会员 ID:101826

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  14. ccc

    ccc 难得糊涂 ID:6614 管理成员 VIP

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    已获得tt8966的支持。
  15. GuardianAngel

    GuardianAngel 本站元老 ID:19245 VIP

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    有意思。
     

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