I was reading about yet another round of Trump pardons and it is blazingly apparent the extent to which Trump has exercised this presidential power in a way that fundamentally strips away the important norms undergirding it.
The UCP enjoy a very slim majority and this reckless majoritarianism is going to be their political undoing in this province. This misuse is going to be this administrations Delwin Vriend moment and its not going to end well for them.
God - picking on transgender kids and their parents! - the cowardice, arrogance and stupidity of Smith and her government is breathtaking.
For those who quibble have to remember that rights are rights, not privileges - that Smith and her grotesque party think nothing of stripping rights from some citizens should send shivers down the backs of everyone in this province - who will they go after next?
I understood that the Notwithstanding clause was to be used only after laws had been through the court system in challenges, etc so after due process. Smith is using it pre-emptively to shut down current laws without going through the court process. Should the provincial and federal governments not be aware of the appropriate use of the clause and therefore not be able to use it willy nilly? How can this reckless behaviour be stopped without having to wait for an election.
While I agree pre-emptive use is bad, the text of the clause does not prevent it, unfortunately. Just as with anything in between elections, it is up to good faith Albertans to protest and make their opposition known.
Apparently - I've not done the research, and I can't recall who said this - the majority of uses of the NWC since 1982 have been pre-emptive. I suspect it's because Quebec, at least for a time, was inserting it into literally every piece of legislation.
Regardless of the subject matter, Smith appears determined to get her own agenda pushed through no matter what. This is going to come back to bite her.
Excellent piece, Mr Macfarlane. The initial use of the notwithstanding clause as a convenient way for the Smith government to end the Public Teachers’ strike also does not pass the sniff test. For several decades Canadian governments have engaged in labour negotiations with public service workers. None of them have found it necessary to strip those workers of their rights. The real agenda in this case isn’t the public good, it is dismantling Public Education, just as the UCP are dismantling Public Health Care.
Emmett it is clear that this UCP government, and the gormless weasels that make up cabinet and caucus, are more interested in holding onto their sinecures by appeasing their noisy base than actual governance for the good of all Albertans and the concepts of integrity and representative democracy.
I keep hoping one or more of these MLAs, who short years ago espoused support for all Albertans, will look in the mirror and realize the stain on their consciences and reputations that kissing Danielle's ring has created, leave caucus and try to reinstate their personal ethics, pride and Garumba.
If I hold my breath any longer I'll likely pass out 🤯
Macfarlane effectively highlights the erosion of political norms, but the structural comparison has limits. Unlike a U.S. pardon, which is permanent, a Section 33 declaration automatically expires after five years under subsection 33(3) of the Charter. This sunset clause forces any government using the notwithstanding clause (such as for Alberta’s Bills 26, 27, and 29) to eventually face voters to renew it. This offers a democratic check that the unreviewable presidential pardon power lacks.
While this is an important point, it doesn't always apply. For example, the psychological damage of the state prohibiting gender affirming care to youth can be permanent for the individuals whose rights are violated, especially when - as ample evidence demonstrates - doing so can cause suicides.
I was thinking similar (if not same) reading the Globe and Mail lead headline story just up on their web-page: Alberta invokes notwithstanding clause to pass bill affecting transgender citizens
Laws include policing names and pronouns in school and banning transgender girls from participating in amateur female sports
I agree with segregating transgenders in sports and shared toilets, they should have their own or unisex facilities for all, but that should be based on inclusion, not exclusion.
In the event, Smith is 'excluding' her own regime next poll.
Well from someone on the outside looking in Smith’s constituency is mostly rural, white and senior. Even in Alberta does this issue play that well in the larger urban areas of that Province.
Senior living in ‘Berta. Danielle has to go and many of us are working to uphold rights. It’s very grim here right now. Who will she target next is an important question.
Gender « confusion » is getting more and more prevalent in children. Instead of banning a child’s rights , they should get mental health support . I am against putting them on hormone therapy at a young age before they have had proper evaluation. Many who have transitioned find out that they want to de-transition when they get older. This issue needs to be studied more and these children need more mental health support…
I don't think what you fear is even possible...but beyond that, Smith's bills have prevented even what you've advocated. Under her new laws, it won't be possible to prescribe any kind of gender affirming care for anyone, even where the mental health professionals AND the parents agree it is necessary. The same premier who railed about "bodily autonomy" in the case of vaccines has completely flipped when it comes to this issue.
You're right, good clarification. But - I think the point stands, in that the power to commute and the power to pardon are both part of 'executive clemency', and thus essentially the same type of power.
Timely essay Emmett - The UCP majority have misused the Notwithstanding provision four times (so far) in the current legislative session.
See https://www.cbc.ca/news/canada/calgary/alberta-bill-late-reading-9.7009893
The UCP enjoy a very slim majority and this reckless majoritarianism is going to be their political undoing in this province. This misuse is going to be this administrations Delwin Vriend moment and its not going to end well for them.
God - picking on transgender kids and their parents! - the cowardice, arrogance and stupidity of Smith and her government is breathtaking.
For those who quibble have to remember that rights are rights, not privileges - that Smith and her grotesque party think nothing of stripping rights from some citizens should send shivers down the backs of everyone in this province - who will they go after next?
I understood that the Notwithstanding clause was to be used only after laws had been through the court system in challenges, etc so after due process. Smith is using it pre-emptively to shut down current laws without going through the court process. Should the provincial and federal governments not be aware of the appropriate use of the clause and therefore not be able to use it willy nilly? How can this reckless behaviour be stopped without having to wait for an election.
While I agree pre-emptive use is bad, the text of the clause does not prevent it, unfortunately. Just as with anything in between elections, it is up to good faith Albertans to protest and make their opposition known.
Thank you. Hope that a clause could be added or some revisions made to it.
Apparently - I've not done the research, and I can't recall who said this - the majority of uses of the NWC since 1982 have been pre-emptive. I suspect it's because Quebec, at least for a time, was inserting it into literally every piece of legislation.
Thanks for the information. Sad that it is being used and has been used as a power play to get what one wants.
Regardless of the subject matter, Smith appears determined to get her own agenda pushed through no matter what. This is going to come back to bite her.
One can but hope!
Excellent piece, Mr Macfarlane. The initial use of the notwithstanding clause as a convenient way for the Smith government to end the Public Teachers’ strike also does not pass the sniff test. For several decades Canadian governments have engaged in labour negotiations with public service workers. None of them have found it necessary to strip those workers of their rights. The real agenda in this case isn’t the public good, it is dismantling Public Education, just as the UCP are dismantling Public Health Care.
Emmett it is clear that this UCP government, and the gormless weasels that make up cabinet and caucus, are more interested in holding onto their sinecures by appeasing their noisy base than actual governance for the good of all Albertans and the concepts of integrity and representative democracy.
I keep hoping one or more of these MLAs, who short years ago espoused support for all Albertans, will look in the mirror and realize the stain on their consciences and reputations that kissing Danielle's ring has created, leave caucus and try to reinstate their personal ethics, pride and Garumba.
If I hold my breath any longer I'll likely pass out 🤯
Macfarlane effectively highlights the erosion of political norms, but the structural comparison has limits. Unlike a U.S. pardon, which is permanent, a Section 33 declaration automatically expires after five years under subsection 33(3) of the Charter. This sunset clause forces any government using the notwithstanding clause (such as for Alberta’s Bills 26, 27, and 29) to eventually face voters to renew it. This offers a democratic check that the unreviewable presidential pardon power lacks.
While this is an important point, it doesn't always apply. For example, the psychological damage of the state prohibiting gender affirming care to youth can be permanent for the individuals whose rights are violated, especially when - as ample evidence demonstrates - doing so can cause suicides.
Excellent point!
The other example is Alberta's use to impose a four year contract on teachers, so reinvoking it in five years is pointless.
I was thinking similar (if not same) reading the Globe and Mail lead headline story just up on their web-page: Alberta invokes notwithstanding clause to pass bill affecting transgender citizens
Laws include policing names and pronouns in school and banning transgender girls from participating in amateur female sports
I agree with segregating transgenders in sports and shared toilets, they should have their own or unisex facilities for all, but that should be based on inclusion, not exclusion.
In the event, Smith is 'excluding' her own regime next poll.
Libertarians are so woke about freedom yet when they gain power what do they do?
Well stated Emmet!
Well from someone on the outside looking in Smith’s constituency is mostly rural, white and senior. Even in Alberta does this issue play that well in the larger urban areas of that Province.
Senior living in ‘Berta. Danielle has to go and many of us are working to uphold rights. It’s very grim here right now. Who will she target next is an important question.
Isn't it interesting that those whose ideology is all about "freedom" become authoritarian.
Gender « confusion » is getting more and more prevalent in children. Instead of banning a child’s rights , they should get mental health support . I am against putting them on hormone therapy at a young age before they have had proper evaluation. Many who have transitioned find out that they want to de-transition when they get older. This issue needs to be studied more and these children need more mental health support…
I don't think what you fear is even possible...but beyond that, Smith's bills have prevented even what you've advocated. Under her new laws, it won't be possible to prescribe any kind of gender affirming care for anyone, even where the mental health professionals AND the parents agree it is necessary. The same premier who railed about "bodily autonomy" in the case of vaccines has completely flipped when it comes to this issue.
George W Bush didn’t pardon Scooter Libby. He commuted his sentence.
You're right, good clarification. But - I think the point stands, in that the power to commute and the power to pardon are both part of 'executive clemency', and thus essentially the same type of power.