Jean Chretien, Roy Romanow And Roy McMurtry Condemn Doug Ford's Use Of Notwithstanding Clause

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Jean Chretien, Roy Romanow And Roy McMurtry Condemn Doug Ford's Use Of Notwithstanding Clause
The men negotiated to have the notwithstanding clause included.
Canadian Press
09/14/2018 20:07 EDT | Updated 35 minutes ago

TORONTO — Three prominent former politicians who negotiated the inclusion of the notwithstanding clause in the Charter of Rights and Freedoms are condemning the Ontario government's use of the rare provision to push through legislation that was deemed unconstitutional by the courts.

Former prime minister Jean Chretien, former Saskatchewan premier Roy Romanow and former Ontario attorney general Roy McMurtry issued a statement Friday saying the clause wasn't meant to be used in this way.

"The clause was designed to be invoked by legislatures in exceptional situations, and only as a last resort after careful consideration," they said. "It was not designed to be used by governments as a convenience or as a means to circumvent proper process."

The Canadian Press
Former Saskatchewan premier Roy Romanow, former prime minister Jean Chretien and former chief justice of Ontario Roy McMurtry (left to right) pose for a photograph as they are honoured at the Institute on Governance at the Modern Makers of Canada Awards dinner in Ottawa on Dec. 10, 2012.

The three men urged Ontario's Progressive Conservative legislators to break ranks with Premier Doug Ford, who announced Monday he would invoke the notwithstanding clause to override a judge's ruling on legislation concerning the size of Toronto's city council.

"We condemn his actions and call on those in his cabinet and caucus to stand up to him," they said. "History will judge them by their silence."

When asked about the comments, a spokeswoman for Ford said the Ontario government was using the part of Constitution "designed specifically to ensure that the will of an elected legislature is respected."

"Section 33 makes it clear that the elected legislature, not the judiciary, should have the final say over certain laws," Laryssa Waler said in a statement.

A Toronto judge this week struck down legislation to slash the size of Toronto city council in the middle of an election, saying it infringed on voters' and candidates' right to free expression.

Ford justified using the notwithstanding clause when he reintroduced the legislation, saying that "politically appointed" judges shouldn't interfere with democratically elected governments.

The premier also touted Chretien as a supporter of the clause when pressed on the issue during question period Thursday.

Trudeau will not intervene
Former Tory premier Bill Davis has also spoken out against Ford's decision, as have Canada's big city mayors and all 25 Liberal MPs from Toronto.

Toronto city council, meanwhile, has asked the federal government to intervene. Prime Minister Justin Trudeau has said that while he is disappointed by the Ontario government's decision, he will not wade into the debate.

Ford's invoking of the notwithstanding clause marks the first time it is being used in Ontario.

 

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OTTAWA—Former prime minister Jean Chrétien, retired chief justice of Ontario Roy McMurtry and former Saskatchewan premier Roy Romanow — political heavyweights instrumental in the creation of the Constitution’s notwithstanding clause — are condemning Ontario Premier Doug Ford for using the controversial measure to overrule a provincial court.

In a joint statement to the Star on Friday, the trio spelled out how the rarely-used clause was meant to be invoked in “exceptional situations, and only as a last resort after careful consideration.”

Former prime minister Jean Chrétien speaks to reporters in November 2017 in Montreal. Chrétien, retired chief justice of Ontario Roy McMurtry and former Saskatchewan premier Roy Romanow have joined others slamming Premier Doug Ford’s use of the Charter’s notwithstanding clause. (Ryan Remiorz / THE CANADIAN PRESS)

Ford’s use of the clause — to override a court ruling Monday that found the Progressive Conservative government’s bill to slash the size of Toronto city council violated the Charter of Rights and Freedoms — “does not meet this criteria,” they said, daring Conservative MPPs and ministers to defy their premier.

“We condemn his actions and call on those in his cabinet and caucus to stand up to him,” they said.

“History will judge them by their silence.”

The former politicians added their voices to a chorus of opposition to the Ford government’s use of the notwithstanding clause that includes former prime minister Brian Mulroney, former Ontario premier Bill Davis, current Prime Minister Justin Trudeau, Toronto Mayor John Tory and more. On Wednesday at Queen’s Park, protesters heckled from the viewing gallery of the legislature, and opposition New Democrats were removed for disrupting the proceedings as the Progressive Conservative government introduced a new bill to cut Toronto city council from 47 wards to 25.

Two days earlier, Ontario Superior Court Justice Edward Belobaba ruled the plan to slash the size of council during the middle of the municipal election campaign was unconstitutional. The judge called that move “unprecedented” and said it “substantially interfered” with Torontonians’ right to freedom of expression that is guaranteed by the Charter.

Ford responded by invoking the notwithstanding clause, which is found in Section 33 of the charter, and re-introducing the bill under a different name in the Ontario legislature. He argued his government has the right to overrule the Ontario judge because it was elected, while the judge was appointed. The clause gives the provinces and Ottawa the power to overrule Charter rights that conflict with a government’s legislative agenda.

But Chrétien, McMurtry and Romanow said in their statement that Ford is misusing the clause. The three men were justice ministers for Canada, Ontario and Saskatchewan during the negotiations that created the Charter in 1981: Chrétien was then justice minister in Pierre Trudeau’s Liberal government, while McMurtry was Ontario’s Progressive Conservative attorney general and Romanow was deputy premier and attorney general for the NDP administration in Saskatchewan.

“It was not designed to be used by governments as a convenience or as a means to circumvent proper process,” they said.

“That was clear at the time, and it has been clear ever since. That is one reason it has never been used — even once over the last 37 years — by the Ontario legislature, a point of pride with the people of Ontario.”

 

[ottawa_tj]

看来福特还是知法懂法的吗。。。

 

[charley2]

为啥不可以呢？

浏览附件786924

OTTAWA—Former prime minister Jean Chrétien, retired chief justice of Ontario Roy McMurtry and former Saskatchewan premier Roy Romanow — political heavyweights instrumental in the creation of the Constitution’s notwithstanding clause — are condemning Ontario Premier Doug Ford for using the controversial measure to overrule a provincial court.

In a joint statement to the Star on Friday, the trio spelled out how the rarely-used clause was meant to be invoked in “exceptional situations, and only as a last resort after careful consideration.”

Former prime minister Jean Chrétien speaks to reporters in November 2017 in Montreal. Chrétien, retired chief justice of Ontario Roy McMurtry and former Saskatchewan premier Roy Romanow have joined others slamming Premier Doug Ford’s use of the Charter’s notwithstanding clause. (Ryan Remiorz / THE CANADIAN PRESS)

Ford’s use of the clause — to override a court ruling Monday that found the Progressive Conservative government’s bill to slash the size of Toronto city council violated the Charter of Rights and Freedoms — “does not meet this criteria,” they said, daring Conservative MPPs and ministers to defy their premier.

“We condemn his actions and call on those in his cabinet and caucus to stand up to him,” they said.

“History will judge them by their silence.”

The former politicians added their voices to a chorus of opposition to the Ford government’s use of the notwithstanding clause that includes former prime minister Brian Mulroney, former Ontario premier Bill Davis, current Prime Minister Justin Trudeau, Toronto Mayor John Tory and more. On Wednesday at Queen’s Park, protesters heckled from the viewing gallery of the legislature, and opposition New Democrats were removed for disrupting the proceedings as the Progressive Conservative government introduced a new bill to cut Toronto city council from 47 wards to 25.

Two days earlier, Ontario Superior Court Justice Edward Belobaba ruled the plan to slash the size of council during the middle of the municipal election campaign was unconstitutional. The judge called that move “unprecedented” and said it “substantially interfered” with Torontonians’ right to freedom of expression that is guaranteed by the Charter.

Ford responded by invoking the notwithstanding clause, which is found in Section 33 of the charter, and re-introducing the bill under a different name in the Ontario legislature. He argued his government has the right to overrule the Ontario judge because it was elected, while the judge was appointed. The clause gives the provinces and Ottawa the power to overrule Charter rights that conflict with a government’s legislative agenda.

But Chrétien, McMurtry and Romanow said in their statement that Ford is misusing the clause. The three men were justice ministers for Canada, Ontario and Saskatchewan during the negotiations that created the Charter in 1981: Chrétien was then justice minister in Pierre Trudeau’s Liberal government, while McMurtry was Ontario’s Progressive Conservative attorney general and Romanow was deputy premier and attorney general for the NDP administration in Saskatchewan.

“It was not designed to be used by governments as a convenience or as a means to circumvent proper process,” they said.

“That was clear at the time, and it has been clear ever since. That is one reason it has never been used — even once over the last 37 years — by the Ontario legislature, a point of pride with the people of Ontario.”

 

[soysauce]

为啥不可以呢？

当年大土豆坚决不同意加这一条，但不加这一条，不能获得占一半以上人口省份的表决通过。加拿大就不能向英国女王伊丽莎白二世提出收回加拿大宪法的要求，使加拿大从英国获得完全的独立。
在漆黑的晚上，趁魁省省长不在，当时司法部部长Jean Chrétien说服大土豆同意，有缺陷的独立宪法比没有好，在这背景下签了，结束了历时115年的政治和法律纷争。
Chrétien三十年来都担心有政治狂人使用这一条款造成政治灾难，世上没有侥幸，该发生的还是会发生。
加拿大是议会至上，有这一条豁免，省长除了不能把男变女女变男，什么事都可以干。

 

[小地主]

History will judge them by their silence.

 

[ccc]

History will judge them by their silence.

 

[lindamy]

哪位给个简短中文小结，福特要用什么条款，达到什么目的?

 

[c8848]

只许州官放火，不许百姓点灯。说了半天，也没说福特违法。倒是那法官的奇葩判决被自动忽略。

 

[aniceday]

联邦政府的内阁可以否决福特的这个立法，但是小土豆表示不会介入

 

[他乡枫叶]

福特肥估计也是保守党的猪队友。

 

[他乡枫叶]

看来孢粉们应该考虑给加拿大人民党造谣造势了，实施排外政策直到把自己排除在外。

 

[m234]

政府办事如引起多数人不满，那下次选举下台
公共事务让法官说了算，不能反对，未必就民主

没明白削减councillor人数如何影响言论自由
要是councillor人数反映言论自由度，那councillor人人有份才好啊

 

[c8848]

裁减后的boundary是跟现在联邦，省选是一致的，所以法官的判决的因果关系难以理解。

 

[soysauce]

Notwithstanding 本身不是无限权力，它受时间制约。每隔几年还有选举。政党一轮替，它就可能黄了。
如果省长太过分，本党议员一样可以造反，澳洲的议会党团造反是家常便饭。

法治和效率有天然的矛盾。啥事都办不成也不好。对司法有点反制约不是坏事。
某种意义上讲，Notwithstanding 可能正是加拿大宪法中最精巧精彩的一章
这一条款在加拿的历史上没有造成政治灾难。这次也不算，我看以后也不会。

我觉得程序的公正包含公众参与监督、合法性的审议和民主的健康比决策的速度效率更重要。如果你赞同法治和效率有天然的矛盾，这个问题就谈不下去了
几只乌龟能让地产商几个亿的利润没了，为个鸟巢，大桥停工半年，不知这导致西方走向衰落还是社会持续健康良性成长。
福特有什么事这么着急，把宪法法官踩在脚下，用强权欺凌多伦多市府。上任三个月，就有十单民告官府的状纸。多伦多人民说被福特的快速管理方式打出了集体脑震荡。