The notwithstanding clause, the F-word, and pipelines
I didn’t think I would ever say this, but the big news this week is New Brunswick. For almost 100 years, New Brunswick (N.B.) has functionally been a two-party province, with the majority government swinging back and forth between the Liberals and the Conservatives.
However, on Monday, Sept. 24, N.B. entered “uncharted territory,” according to Huffington Post. The Green Party gained two more seats, making a total of three (that’s a lot for the Greens, people!) and the People’s Alliance — a far-right party that before last Monday held no seats at all — also won three seats. On the other hand, the Liberals won 21 seats and the Conservatives won 22, so no party won a majority (a party needs to hold 25 seats to have the majority). Therefore, as of election night, it was uncertain which party will form government. I won’t get too into the weeds about what this means for the future of the N.B. Legislative Assembly, but this turn of events could easily place the Greens (and the People’s Alliance) in an unprecedented position of power.
I won’t lie, I’m slightly alarmed about the relatively meteoric rise of the People’s Alliance. But the recent surge in populism in Canada (and North America) is not news — just take Doug Ford’s willingness to associate with fringe journalist and white nationalist Faith Goldy at last week’s Ford Fest barbecue. Not that Ford seems to pay much mind to decorum. He has shown no remorse for calling the infamous “notwithstanding clause” to his aid in order to pass a controversial bill. I’ll remind everyone that this clause allows the passage of legislation that overrides the Canadian Charter of Rights and Freedoms. That means your fundamental freedoms as a citizen of Canada (e.g. expression, religion, association) can be legally overruled with the proverbial wave of a hand.
I was equally alarmed at the Liberals’ seemingly nonchalant attitude towards Ford’s irreverent usage of the notwithstanding clause. For example, when Murray Rankin, the well-respected New Democratic Party (NDP) MP from B.C., tabled a motion last Tuesday to have the federal Justice and Human Rights Committee study potential issues with the routine use of the notwithstanding clause, the Liberals unanimously voted against the motion. Call me a cynic, but my first thought was that maybe the Liberals aren’t causing a stink because they themselves hope to use the clause in the future.
Another notable moment from last week’s House of Commons (HoC) proceedings was NDP MP and reconciliation critic Romeo Saganash’s impassioned criticism of the prime minister’s (mis)handling of the Kinder Morgan fiasco.
During question period last Tuesday, Saganash demanded, “Why doesn’t the prime minister just say the truth and tell Indigenous Peoples that he doesn’t give a fuck about their rights?”
This sort of language is, of course, not permitted in Parliament, so the House Speaker immediately insisted on an apology. But Mr. Saganash has every right to be angry — the Liberals appear dead-set on building the Kinder Morgan pipeline expansion regardless of significant pushback from Indigenous and environmental groups, not to mention from the Federal Court of Appeal.
Mr. Saganash is well known for his private member’s bill (C-262) that, if passed into law, would require Canadian laws to be compliant with the United Nations Declaration of Rights of Indigenous People (UNDRIP). C-262 passed in the HoC in May of this year with strong Liberal support, and is waiting to be voted on in the Senate. Ironically, UNDRIP would also require the government to obtain the informed consent of Indigenous peoples with respect to projects that affect their land. This includes the Kinder Morgan pipeline project, which passes through 518 kilometres of Secwepemc territory. So, passing C-262 and then immediately barging ahead with the pipeline expansion despite a distinct lack of Indigenous consent seems like mixed signals from the Liberals — which is enough to make anyone swear, including a seasoned politician like Mr. Saganash.
In the spirit of contextualizing Canadian politics in the fearsome and hardly believable goings-on south of the border, I may as well follow suit with my fellow cynics and use the United States as my punchline: at least we don’t have to deal with Kavanaugh!
Writer’s note and disclaimer: My name is Ella; I’m a U of G alumna, and I intern for Elizabeth May — MP for Saanich-Gulf Islands and the leader of the Green Party of Canada (GPC). As Ms. May’s intern, I attend parliamentary committees, correspond with constituents, attend legislative affairs, and work closely with her legislative assistants. The catch is, I have no prior experience with or knowledge of politics. This column details my experiences learning about the political culture and proceedings on Parliament Hill. My views are my own, and do not represent those of the GPC or of The Honourable Elizabeth May, MP.
Photo Courtesy of Wikimedia Commons