A blog to give a voice to our concern about the continued erosion of our democratic processes not only within the House of Commons and within our electoral system but also throughout our society. Here you will find articles about the current problems within our parliamentary democracy, about actions both good and bad by our elected representatives, about possible solutions, opinions and debate about the state of democracy in Canada, and about our roles/responsibilities as democratic citizens. We invite your thoughtful and polite comments upon our posts and ask those who wish to post longer articles or share ideas on this subject to submit them for inclusion as a guest post.
Contact us at democracyunderfire@gmail.com
Showing posts with label Canadian Charter. Show all posts
Showing posts with label Canadian Charter. Show all posts

Sunday, September 16, 2018

Fordocracy in Action

Democracy is going every four years to elect a government…without worrying about your mandate being overturned,” said Mr. Ford.

No Mr Premier that's Fordocracy or if you prefer Dougocracy our Canadian democracy is much more than electing a new government every few years, it is a living reflection of the wishes of those citizens who charge a few individuals to represent their interests in governing our nation, province or municipality.

A liberal (as in open to new behavior or opinions) democracy is a representative democracy in which the ability of the elected representatives to exercise decision-making power is subject to the rule of law, and moderated by a constitution or laws that emphasise the protection of the rights and freedoms of individuals, and which places constraints on the leaders and on the extent to which the will of the majority can be exercised against the rights of minorities

The mindset that once elected one individual or for that matter one group of individuals can then dictate the manner in which we are governed by circumnavigating our usual parliamentary and legal process is incompatible to the very idea of democracy.



To say that the people have spoken and therefore he can do what he wishes given that he has more MPPs of his ilk than any other party is total nonsense, for starters of the eligible voters who cast a vote 60% did not vote for him or his party and a further 40% did not vote for ANY person or party so of the 10 million or so voters less than a quarter actually 'supported' his regime.



It is not so much whether the size of Toronto council is too large or small or even whether the citizens would be adequately represented with the proposed reduction of seats at the council chamber. It is the manner in which it is being done and the timing of the proposed changes that is most troubling. To change the rules in the middle of an election period, be it for Toronto or any other municipality, without giving those citizens a chance to express their view on such changes and to override a judges ruling that says it is unconstitutional as currently jammed down their throats is so clearly wrong that I cannot understand how any thinking MPP can support this move.



Perhaps that is the problem, it requires a thinking person who is not under thrall of the Con mindset to see that this move not only sets Toronto's election results in doubt but may bring more frivolous notwithstanding challenges from those who would destroy Canada as we know it.

Beware the Tyranny of the majority the inherent weakness of majority rule in which the majority of an electorate can and does place its own interests above, and at the expense of, those in the minority.


Support Democracy - Recommend this Post at Progressive Bloggers

Sunday, March 15, 2015

The Cons V The Courts!

Andrew Coyne wonders if the Harper Regiem is deliberately challenging the Courts with their various 'unconstitutional' pieces of legislation in order to get them to overstep their bounds and make a federal “not withstanding” exception to our charter more acceptable.


Not only is the government making no apparent effort to “Charter-proof” legislation, that is by seeking the advice of Justice department lawyers on its constitutionality in advance of its introduction, as it is required by law to do, it seems if anything to be taking advice on how to offend it.
It is impossible to read the several dubious provisions of Bill C-51, the Conservatives’ anti-terrorism legislation — allowing the police to detain people on suspicion an act of terrorism “may” be about to occur; permitting intelligence officers to break the law, bizarrely, with the permission of a judge; banning the promotion of terrorism “in general” — in anything but this light.
Certainly the manner in which they proceed in parliament seems to indicate that they have no tolerance for anyone who questions their judgement and a clear disdain for any process or restriction upon their proposed new laws.


It is no secret that many Conservatives have long chafed at the notion that acts of Parliament should be subject to constitutional override. It wasn’t the Court’s judgment they questioned — it was the whole concept of judicial review. For these Conservatives, the remedy, short of abolishing the Charter, has always been the notwithstanding clause: Section 33, allowing governments to pass legislation in defiance of the Charter, provided they declare openly they are doing so, and with the stipulation that the legislation must be renewed every five years to remain in effect.


As Andrew says, once the precedence has been set then they will have no compunction with using such means to get their own way again, as has been shown time and time again over the last few years. It is this slow nibbling away at our democratic processes that has let them gradually destroy the check and balances upon power to the point where we teeter on the edge of a dictatorship.


The stated ambition of many judicial conservatives, then, such as the panel of legal scholars that appeared at last week’s Manning Conference, has been to revive it: not merely to invoke the clause in this or that case, but as often as possible, and thus to re-establish the primacy of Parliament, as they see it, over the Charter, and the Court.
I do not think it is too far-fetched to suppose that that is the Harper government’s objective. They will pick their opportunity carefully. They will not do so, I do not think, over the assisted suicide decision, where they are on the wrong side of public opinion. But on something unassailably popular, like a crime bill, or an “Anti-Terrorism Act”? And once they’ve broken the taboo, it is not hard to see them doing it again, and again, until the point has been made.
Given the past behaviour of this regime it is not much of a stretch to believe that they would consider such a move to circumnavigate our existing laws, the courts and our constitution.




Support Democracy - Recommend this Post at Progressive Bloggers