One last thought on Jim Prentice

People who are dismayed by the current federal Conservative government, and the fact that they stand a good chance of being re-elected this fall, can at least take comfort from one thing. When Canadians finally get tired of Stephen Harper – which inevitably they will – the Conservative party faces the worst succession crisis of any party in recent memory. Indeed, lack of “depth in the bench” has been one of the defining features of this government, one that may help to explain some of its more puzzling features (such as its ineffectiveness on the legislative front).

The standard narrative on the Conservatives (to be found, for instance, in Michael Harris’s Party of One), seeks to explain the extraordinary concentration of power in the Prime Minister’s office as primarily a consequence of Stephen Harper being an unusually controlling person. This is of course set against a background of a more general trend toward concentration of power in the central agencies, in particular the Privy Council Office.… Continue reading

Alberta becomes interesting

Actually, the Alberta budget and election has been the most interesting thing going on in the country for a while now, but it keeps getting more interesting! Of course, as we know from the last election, polls in Alberta are worth practically nothing. Still, even contemplating the possibility of an NDP government in Alberta is mind-expanding. (For Stephen Harper, this would be like Rob Stark losing Winterfell…)

First, about the Alberta budget. It seems to me obvious that Jim Prentice took the only sensible course of action available to him, which was to go with a mix of budget cuts and tax increases. Let’s be clear: public sector spending in Alberta is bloated. Alberta’s health care spending, for instance, at $6,781 per capita, is the highest of the 10 provinces (Quebec, at $5,616, is the lowest). Alberta’s education spending, at $11,086 per student, is the highest of the 10 provinces (Prince Edward Island at $9,260 is the lowest).… Continue reading

How’s that firewall working out for you guys?

So the federal government announced its “approval” of the Northern Gateway pipeline. The fact that the Prime Minister said nothing, the Minister of Natural Resources was nowhere to be found, and none of the government’s BC MPs were available for comment, says pretty much everything you need to know about the government’s own estimation that the thing will ever be built.

That they would approve it was a foregone conclusion, since failure to approve it would have been the final nail in the coffin of the Keystone XL pipeline. (One of the major talking points of American Keystone XL opponents is that, if pipelines are so fabulous, then why don’t Canadians just build them on their own soil, why do they have to go through the U.S.?) Furthermore, the only thing that the Harper government has really done in Ottawa, with any sort of consistency, is advance the interests of Alberta and the Alberta tar sands.… Continue reading

BC has a second look at TWU law school

Today the Law Society of British Columbia held a special general meeting to reconsider its approval of Trinity Western University’s proposed Law School. It was a fascinating thing to witness.

Trinity Western University, as its President explained to the meeting, is the largest faith based university in Canada, and a community of evangelical Christian learners. The controversy surrounding it arises from the community covenant that it requires all staff, faculty and students to sign. Among (many) other things, the covenant requires that signatories abstain from ‘sexual intimacy that violates the sacredness of marriage between a man and a woman’ and attaches consequences to the failing to live by the covenant’s terms. The covenant is perceived as aiming primarily at lesbian, gay, transgender, bisexual, intersex and queer people. Many of those voting ‘yes’ today wore rainbows.

The central question for the Law Society is whether to approve a Law School that embraces, indeed requires, this discrimination.… Continue reading

Justice Nadon, Canadian constitutionalism and cherry blossoms

There is more to the Supreme Court’s rejection of Justice Nadon than a crude politics. But the politics is so compelling, well nigh prurient, that it is tempting to overlook the legal arguments themselves, or to consider that this was a case with ‘no right answer’. This is absolutely not so.

Justice Nadon was appointed to the Supreme Court of Canada to one of the three places on that Court reserved for judges from Quebec. Prior to his appointment, he was a judge on the Federal Court of Appeal. Long ago, he practiced law in Quebec for many years. Knowing that questions about this appointment were brewing, the government sought to amend the key provisions of the Supreme Court Act using the omnibus budget legislation passed last fall.

After Toronto immigration lawyer Rocco Galati challenged Nadon’s appointment, the government stepped into the fray directly by asking the Supreme Court itself to use its ‘reference’ jurisdiction to answer two questions.… Continue reading