Huffington Post Canada

The Senate Reference and taking steps forward

The Supreme Court just released its long-awaited Senate Reference decision. And the response was spectacularly rebuking.

Harper posed the following questions to the Court and the following responses were provided. I have significantly condensed the decision for easy access.

Harper: Can the federal government unilaterally impose term limits on Senators?

Supreme Court: No, they may not.

Imposing term limits is a change that engages the interest of provinces. It requires the general amending formula to be used (seven provinces with at least 50 per cent of the population), also known as the 7/50 procedure. Imposing fixed terms is not specifically written in the Constitution, imposing term limits would alter the fundamental nature and role of the Senate.

Harper: Can the federal government unilaterally develop legislation that allows citizens to be consulted for potential Senate nominees? Can the federal government establish a framework for provinces and territories to enact legislation to consult their citizens for Senate nominees?

Supreme Court: No, they may not.

Continue reading

Advertisements
Standard
Huffington Post Canada

The Conservatives’ clever ploy with the Truth in Sentencing Act

The Supreme Court’s recent ruling on the application of the Truth in Sentencing Actwas depicted in various media outlets as being part of a trend of recent decisions rebuffing the Conservative government’s justice agenda. While this could describe a number of recent decisions, the current ruling is more nuanced.

According to the Canadian Press:

They also represent the latest in a series of court rebukes of the Conservative government’s law-and-order agenda.

Sean Fine in the Globe and Mail likewise stated:

The Conservative government’s attempt to detain thousands of prisoners for longer periods has been blocked, in the newest in a series of crushing defeats at the Supreme Court of Canada.

As the Supreme Court decision notes, enhanced credit is often provided for accused who have been remanded in jail, and historically, there were no restrictions on the reasons for giving credit or the rate at which it was granted. A practice developed over time to grant credit at a 2:1 rate. The new Truth in Sentencing Act caps pre-sentence credit at 1.5:1, but does not discuss which circumstances justify enhanced credit.

Continue reading

Standard
The Prince Arthur Herald

An interview with Justice Minister Peter MacKay

In light of the House of Commons reconvening on January 27, The Prince Arthur Herald columnist Samuel Mosonyi spoke with Justice Minister Peter MacKay to gauge the government’s position and rationale on a number of initiatives currently being pursued in the Justice portfolio. These include the Supreme Court’s Bedford decision on prostitution, a cyberbullying awareness initiative, mandatory victim surcharges, the proposed Not Criminally Responsible Reform Act, and more. Here is the full interview.

 

PROSTITUTION AND THE BEDFORD DECISION

You tweeted recently that you “disagree with Justin Trudeau’s focus on legalizing prostitution, which will harm and put vulnerable Canadians at risk.” Has Justin Trudeau come out in support of legalization?

Of marijuana, yes. Of prostitution, not yet, although his party, and particularly the youth wing, appears to be very publicly musing, if not advocating, that position. So while we’ve been focused on making our justice system more accountable, Mr. Trudeau and certainly his party seem to be focusing on legalizing marijuana and prostitution. And frankly I tweeted that because I fundamentally disagree, and I think in both instances it would be detrimental to our country’s best interest. It would certainly further endanger vulnerable segments of our population. And I don’t believe that any government of any political stripe should be facilitating the increase of access to drugs or to the sex trade. I don’t think it’s a good thing for our country, certainly not in the best interests of young people, or our citizens. I’m kind of taken aback, frankly, when I heard that yesterday.

After the Bedford decision you released a statement stating that the government is exploring all options to ensure the criminal law continues to address the significant harms to communities, prostitutes, and vulnerable persons. Would it be an option to allow communities themselves to regulate prostitution through zoning and licensing bylaws, instead of treating it as a criminal law matter?

I don’t believe so. I say that because it really is in the federal area of criminal legislation in my view to address this broadly across the country. We’re going to be receiving a lot of input and there will be extensive consultation on this issue. But it’s going to take a much more concerted effort than what any local government or jurisdiction could do. So for that reason I think you will find that there is a necessity within that twelve month period that the Supreme Court has granted that we will bring forward legislation, and amendments that will address what we think are significant harms that flow from prostitution.

Continue reading

Standard
Guelph Mercury

Bus ad protesters are taking wrong path as opponents

There is an issue irking online petitioners regarding the presence of anti-abortion advertisements on Guelph Transit buses.

A petition on change.org with more than 2,000 signatures is calling on Guelph Transit to remove them.

A quick search of the issue reveals that citizens have posed complaints to their councillors on this issue before.

The response on the blogs of Ward 2 and Ward 4 notes that: “The City of Guelph does not endorse any businesses or associations who advertise on transit buses, shelters or benches … All advertisements that could be in violation of Guelph Transit’s advertising policy are reviewed … and are approved or denied based on the policy. The current Guelph and Area Right to Life advertisement does not contravene our advertising policy and although the advertisement may be considered controversial in nature, refusing to post the advertisement could be seen as limiting freedom of expression under the Charter of Rights and Freedoms.”

This response is correct, but it should read “refusing to post the advertisement would be seen as limiting freedom of expression under the charter.”

Continue reading

Standard
Huffington Post Canada

Why aren’t Canadian MPs paying their taxes?

Within these past few weeks, Canadian politics has been so tumultuously rocked with the worrying stories of Rob Ford and Mike Duffy that a number of other issues have not been explored as deeply as they should have been. For example, the ruling in the Robocall case by the Federal Court turned out to be a sort of win-win for both sides. The judge found that fraud did occur, but found no evidence that the Conservative Party or a candidate condoned the fraud. However, the Conservatives’ CIMS database was “the most likely source of information used to make the misleading calls.” Additionally, it was found that “there is no evidence that the election results in the six ridings would have turned out differently,” and the presiding judge thus did not annul the results.

The appellants, backed by the Council of Canadians, are not appealing to the Supreme Court, but are demanding a public inquiry. On a similar note, the CRTC has fined federal and provincial election campaigns a combined total of $369,000, including Marc Garneau, the Progressive Conservative Party of Ontario, the federal NDP, and Alberta’s Wildrose for violating the “Unsolicited Telecommunications Rules.”

Continue reading

Standard
Huffington Post Canada

Waterloo should not stifle free speech

At the University of Waterloo last week, Conservative MP Stephen Woodworth was scheduled to speak to a group of students at an event organized by the Students for Life campus club. Stephen Woodworth, a staunchly pro-life MP, had previously brought forth a motion in Parliament to strike a committee to review the Criminal Code definition of when a child becomes a human being. The motion was voted down, with the Prime Minister and most of his Cabinet voting in opposition.

While many of us may not share Mr. Woodworth’s sentiments regarding abortion, no one has the right to impose a viewpoint on another. We may challenge views we find unattractive, but we do not have the right to silence or suppress unpopular ideas.

Unfortunately, a group of students shut down Mr. Woodworth’s speech by shouting him down, until he was left with no choice but to cancel the event. In what can only be described as an act of idiocy, a Mr. Ethan Jackson, dressed as a giant vagina, shouted, “Who do you think you are trying to impose your bigotry, your views on society through your Christian monotheism?”

The President of the University of Waterloo issued a press release that supported the values of free speech and condemned the actions of the protesters as “an attack on our presence as s a place where issues are explored, discussed and debated.” A review of the incident is currently underway.

Continue reading

Standard
Guelph Mercury

Time for the public to weigh in on proroguing

The political community exploded with interest Monday when Ontario Premier Dalton McGuinty unexpectedly announced he is resigning.

In an email sent to Liberal supporters, McGuinty reiterated his request to the party president to hold a leadership conference at the earliest possible time, at which point he will resign. Additionally, he prorogued the legislature, using the rationale of allowing discussions on public-sector wage freezes to “occur in an atmosphere that is free of the heightened rancour of politics in the legislature.”

Some have speculated that, in reality, the prorogation was due to other factors, including the contempt motion brought against Energy Minister Chris Bentley for allegedly delaying the release of documents related to the cancellation of two gas-fired power plants. McGuinty had acknowledged the seriousness of the contempt motion, noting that Bentley is at risk of being the first cabinet minister to be found in contempt of the Ontario legislature.

Continue reading

Standard