Human Rights Hypocrisy

 

Justin Trudeau is slamming Pierre Poilievre in the Commons for failing to condemn Doug Ford’s use of the notwithstanding clause to force Ontario teachers back to work after years of school closures over Covid. This, according to Trudeau, is an assault on charter rights.

Trudeau is vulnerable to the charge of hypocrisy, as he recently suspended all Canadians’ charter rights by declaring the Emergency Act. He has also failed to object to the use of the notwithstanding clause by the government of Quebec. So his sudden selective concern for human rights is obviously political and insincere.

But is Poilievre also being disingenuous? Should he be condemning Ford, as he did Trudeau, for suspending human rights?

First, it does not seem to be a federal politician’s business to criticize the provinces on what they do in their own jurisdiction. In Canada, doing so could provoke a constitutional crisis. Which is why nobody goes after Quebec for using the notwithstanding clause.

Second, the notwithstanding clause is a part of the Canadian Constitution. It makes no sense to simply object to its ever being used—why is it there? The question is whether it is justified in this case. The same question applies to use of the Emergency Act. There is a need for an Emergency Act--for emergencies. The question is whether there was an emergency.

I submit that Ford is using the notwithstanding clause as intended. Trudeau used the Emergencies Act illegitimately.

By the definition given in the statute, there was no emergency when Trudeau invoked the Act. That makes it an illegal action.

But Ford’s use of the notwithstanding clause is necessitated by judicial overreach. This is why it exists, to ensure the continued supremacy of parliament and the will of the people over a possible cabal of judges.

In recent years, Canadian courts have grown increasingly irresponsible and autocratic, abrogating to themselves legislative power. In the present case, they ruled a few years ago that workers had a right to strike that prevented governments from forcing them back to work in any circumstances, even for essential services.

This cannot be allowed in an orderly and civil society. It means those in essential services can force whatever deal they choose on the public. It gives them dictatorial powers.

Accordingly, Ford must use the notwithstanding clause.

Given the current Canadian situation in general, a more aggressive use of the notwithstanding clause is long overdue. Just as stronger restrictions on invoking the Emergencies Act are clearly required—ideally, specific penalties for any government using it improperly.

Really, in a just and ordered society, Trudeau shoud be behind bars.