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Flawed Ford Logic On NWS Clause

Of all the scenarios out there where I’d envision a provincial government in Ontario invoking or trying to invoke Section 33 of the Charter (the “notwithstanding clause”) to override court decisions based on the Charter… a situation involving a BIll that shrinks municipal government in Toronto wasnt in my top 100.

SO in one sense, I find it farcical Premier FOrd is using a sledgehammer from the Charter to push through what he wants the size of Toronto City COuncil to be. On the other hand, it shows (as he warns himself) that he will be willing to use it in far more serious matters of legislation.

Take note: Mike Harris, the former PC Premier of Ontario, another hard-nosed Conservative, once said he didn’t think the NWS Clause should ever be used to override court decisions the government didn’t like. Ford went there and broke Ontario precedent.

The other thing about this whole affair is the flawed logic and his advisers are taking about the political strategy behind this. Apparently Doug Ford and his advisers are trying to use his use of the Notwithstanding Clause to show how bold and tough he is.. and contrast that to Trudeau (because apparently, Doug also wants to be involved in federal politics as well as municipal.. I’m surprised he has enough time to be Ontario Premier).

One part of this strategy perplexes me: this quote from an “anonymous PC Source” who’s obviously in Doug’s inner circle:

“This is showing bold leadership. Trudeau could have (invoked the) notwithstanding (clause) on the pipeline, but he didn’t,” the source said, referring to the Federal Court of Appeal’s ruling”

The only way Trudeau could have used the Notwithstanding Clause on the pipeline is if the Fed Court of Appeal used something in Section 2 or in 7-15 for making the ruling that they did. I’ve scanned over the Federal Court of Appeal’s full ruling ..I don’t see any mention of Section 2 or 7-15 being used as a reason for that court’s verdict. Nor can anyone else, I’ve asked.

Note to anonymous Ford adviser: The NWS Clause can’t be used to override every court decision that goes against you.If you’re going to try to claim the Pipeline ruling could somehow be overturned by NWS Clause.. you’re going to get shut down very fast in public.

I really hope Ford or his advisers openly claims that Transmountain could have been forced through with NWS Clause (as the anon PC Adviser claimed in the Star article). It’ll be easily refuted and show how ridiculous this group is .


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