FROLITICKS

Satirical commentary on Canadian and American current political issues

Nov 30

Where Do Provincial Powers Begin and End in Canada?

by bcurry

To better understand the split between provincial and federal powers, given by Canada’s written constitution, one has to understand a little bit of the history.  When Canada became an independent country from Great Britain, the federal government was given a good deal of governance responsibilities.  Canada was formed as a confederation comprised of ten provinces and several territories.  However, the provinces eventually garnered a fair amount of responsibility for certain matters which were not national in scope.  Federally, the government deals primarily with inter-provincial areas such as transportation, banking, and inter-provincial commerce, as well as such international areas dealing with foreign policy, trade, defence and immigration.  So far so good.  However, during World War II, the federal government took control of areas of taxation in order to make war related payments.  These revenue areas were not returned to the provinces after the war. For this reason, the provinces have complained about their heavy reliance on access to federal funding for areas of primary provincial responsibility such as health, education and housing.  In addition, as the years passed, new areas surfaced of great importance such as telecommunications and nuclear energy, something that the federal government determined was in their jurisdiction as part of its constitutional responsibility for the peace, order and good government of Canada.  Over the course of the 20th century, legal interpretations of peace, order and good government more clearly defined the limits of federal authority over the provinces.  Often disputes over who’s responsible for what and to what extent end up in litigation by provinces and the federal government.  Like the old constitution of 1867, the new one of 1982 will remain vague in many areas until time and circumstance permit its interpretation by the courts.

All in all, the provinces continue to have substantial jurisdiction for areas such as education, health and urban affairs.  One area of contention has been the federal introduction of “equalization payments” to the provinces to help ensure that provincial governments across Canada can provide adequate services.  It was expected that the richer provinces would help to subsidize certain areas in the so-called poorer provinces.  For example, Alberta has its oil and gas industry which brings in large revenues to its coffers.  The federal government gets its share of taxes from Alberta’s energy sector and passes most along to the Maritime and other provinces to help provide some of the services that Canadians have come to rely on.  Quebec has also benefited greatly from the equalization arrangement, while Ontario has not.

Now, the current Alberta government is complaining about federal policies and laws that they feel intrude upon their provincial responsibilities or which Albertans are not in agreement with, such as gun control measures and environmental taxes on oil and gas sectors to name a few.  Recently proposed legislation introduced in Alberta would allow its cabinet to direct “provincial entities” — Crown-controlled organizations, municipalities, school boards, post-secondary schools, municipal police forces, regional health authorities and any social agency receiving provincial money — to not use provincial resources to enforce federal rules deemed harmful to Alberta’s interests.  This is a very disturbing development, suggesting even greater polarization between a province and the federal government.  Fortunately, the Alberta government has not gone as far as — like Quebec in the past — to suggest a potential separation from Canada’s confederation.

However, Alberta’s stance appears to be somewhat similar to Quebec’s political moves in the sixties, seventies and eighties where provincial parties promoting Quebec’s independence from Canada had emerged.  Failing to obtain a majority in two referendums on independence, the Quebec movement slowly disappeared over the last decade.  Instead, Quebec has attempted to secure more provincial control over former federal jurisdiction, such in such areas as immigration and public pensions plans.  Indeed, Quebec recently passed several contentious laws dealing with French language rights and secularism in its public sector.  The courts have already begun to examine appeals to such legislation based on possible violations under human and rights laws.

What all this amounts to is the power to govern.  The federal government has to play a fine line between what powers can be shared and what policies best serve all Canadians equally.  There is little doubt that provincial premiers will continue to gang up on the Prime Minister, particularly when to do so is in their interests.  The PM on the other hand has the difficult and delicate task of maintaining a strong national presence in governance in support of the peace, order and good government of Canada.

Canada Charter of Rights and Freedoms Defence Education Fairness in Taxation Federal Government Gun Laws Health Care Systen Immigration Policies

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Nov 22

Online Gambling Just One More Factor Leading to Gambling Addiction

by bcurry

In 2011, a study of problem gambling by David Hodgins, the head of the University of Calgary’s Addictive Behaviours Laboratory, was published in the medical journal The Lancet.  According to the study, online gambling is giving easy access to future addicts without having to set foot in a casino or betting parlour.  Hodgins noted that gambling disorders are often found in conjunction with other mental health and substance-abuse disorders.  In addition, experts believe that online gambling provides exactly what most addicts are looking for — anonymity.  New Canadian research shows that gamblers have “blind spots” in recognizing addictive behaviour in themselves, traits that could make online gambling even more dangerous.  In 2010, there were an estimated 2,500 illegal and unregulated gambling websites already in existence.  Governments both in Canada and the U.S. realized that they had no choice but to introduce legislation regulating online gambling and getting a monetary share of the market for the government coffers.  The latter rationale became a real driver for public support for government-regulated and safer online gambling.  However, the always-on nature of the Internet is forcing many countries, states and provinces to re-evaluate their gambling laws in order to address new trends such as betting on the outcome of a video game, playing poker online or online betting on sports of all sorts.

In both countries, the recent arrival of sports online betting pressured federal, state and provincial governments to remove previous bans on single-game sports betting.  In Canada, the federal ban on single-game sports betting was officially lifted in August 2021. Since then, all provinces have gotten into the hypercompetitive iGaming market.  In the U.S., the Supreme Court in 2018 opened the door to widespread sports betting.  However, a recent New York Times investigation found that government oversight of sports betting offers scant consumer protections and mainly looks to the industry to police itself.  In addition, there are dedicated minimal funds by the gambling industry to combat addiction.  Furthermore, several sports betting sites in the U.S. allow gamblers to put money in their accounts via credit cards.  Furthermore, gambling companies have carpeted social media, stadiums, billboards and airwaves with advertisements plugging risk-free bets and other promotions to entice new patrons.  In contrast, several countries like Spain, Italy and Australia restricted such ads, promotions or endorsements.  In Ontario, which this year became Canada’s first province to allow sports betting, the government outlawed advertisements of free bets and other promotions.  Within months companies, including DraftKings and BetMGM, were penalized by Ontario for breaking this law, although the fines were a joke when compared to their revenues.

The issue of online gambling while at work has even surfaced in some jurisdictions and among employers.  For example, in 2010 a new threat to Quebec’s productivity was raised across the province: online gambling.  Survey findings released by Montreal polling firm CROP Inc. found that one in 10 Quebecers confessed they’d been tempted to place bets over the Internet instead of doing work.  The findings also showed that 37% of respondents said their employers had no policy on using the Internet for personal interest, including online gambling, during work hours.

Like other addictions, gambling can become highly addictive.  It is estimated that as many as one in five persons who frequently gamble, online or otherwise, could become addictive to gambling.  An Ipsos-Reid survey in 2010 in Ontario found that 92 percent of adults could recognize risky gambling behaviour in others.  However, when reflecting on their own tendencies, one in five gamblers said they had engaged in the same risky behaviours over the past year, creating “blind spots” in their perception of themselves.  Despite the oversight by government agencies and commissions, the fact is that the amount of funds dedicated to help prevent gambling addiction and help those already addicted are miniscule compared to the billions the industry brings in.  According to the recent New York Times article, last year the U.S. government didn’t allocate any money to prevent or treat gambling addiction.  As per a group that represents state employees who oversee such funds, states had only set aside a total of $94 million (U.S.).  That was 0.3 percent of what state and federal governments allocated for substance abuse.

Why not just prevent people with known gambling addiction to access such sites?   Some jurisdictions in the U.S. and Canada do maintain databases of people who have asked to be blocked from gambling.  However, jurisdictions often leave it up to betting companies to download and abide by updated versions of the lists.  Several now require sports-betting companies to maintain their own self-exclusion lists, despite the evidence that companies have resisted sharing them with competitors or regulators.

While we have dealt with unregulated sports-betting and other gambling Internet sites, the fact is that we have simply replaced them with legally licensed sites.  While government regulation may appear to reassure people about the oversight of such online gambling, the fact is that the more people bet, the more governments collect taxes on gambling.  One result is that jurisdictions have, in many ways, given gambling companies free rein.  Meanwhile, the issue of gambling addictions continues and many people’s lives continue to be destroyed.

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Nov 18

For Some Reason, We Don’t Talk Enough About ‘Methane’ as a Greenhouse Gas

by bcurry

In 2021, a headline about global atmospheric carbon dioxide (CO₂) read: “CO₂ reaches its highest level in more than 4 million years.”  However, the more potent greenhouse gas ‘methane’ is not given as much media attention as CO₂.

If it escapes into the atmosphere before being burned, as the main component of natural gas, methane can warm the planet more than 80 times as much as the same amount of CO₂ over a 20-year period.  Recent data from the European Union show Canada is the only G7 country where methane emissions have increased since 1990, although the rate of increase is slowing.  Studies suggest the amount of methane released is probably underestimated.

2021 was a big year for energy markets as indicated by increases in natural gas prices. Natural gas production has more than doubled this year in many parts of the world.  In addition, in Canada there are substantial or potential deposits of shale gas in all provinces and territories except Manitoba, Prince Edward Island and Nunavut.  To get at shale gas, one has to use a process known as “fracking”.  Fracking involves injecting chemicals under high pressure into drilled wells to fracture geological formations below and allow for the release of larger quantities of both crude oil and natural gas.  In the last 20 years, large-scale commercial production of much deeper shale-gas reservoirs has become possible with new drilling techniques that combine two different technologies — horizontal drilling and multi-stage hydraulic fracturing. This process involves drilling the gas well vertically from the surface before bending it at a certain depth to penetrate the shale-gas layer horizontally or diagonally.  However, like standard natural gas drilling, the fracking process also releases methane as a byproduct.  It has been found that flares, used to dispose of unwanted methane from wells, burn off far less than the 98 percent of the gas they are assumed to.  Fracking in Canada and the U.S. now involves hundreds of new sites every year.

A recent survey of oil and gas facilities in Canada found widespread methane releases. Satellite imagery saw giant plumes of the gas escaping landfills, and a cloud of methane was detected over a natural gas field in Canada.  It identified a hidden source of pollution from one of North America’s most prolific production basins along the Alberta-Saskatchewan boundary.  However, on a broader scale, satellites can have difficulty tracking offshore emissions and releases in higher latitudes.  In the U.S., Environmental Protection Agency (EPA) data from 2019 includes emissions from drilling and fracking sites, but excludes emissions from offshore drilling, as well as some parts of the oil and gas supply chain like pipelines or processing plants.  As noted by recent research, the official data is likely to greatly underestimate actual emissions from oil and gas production, in part because it does not properly account for leaks from equipment, which can be a significant source of emissions.  As well, poorly maintained sites often mean more leaks that go undetected for longer, making them highly polluting.

Today, questions over just how much methane Canada pumps into the atmosphere come as the federal government expands regulation of the gas.  Canada is now developing regulations that would apply to all natural gas facilities, minimize use of flares, ensures those that exist work properly, increase inspection and require equipment upgrades.  The new rules are to include comprehensive, consistent emission monitoring and reporting.  The Biden administration is in the process of reinstating methane regulations relaxed by President Donald Trump.

Overall, it would appear that the oil and gas industry does not do as much monitoring of methane gas releases as it appears to do for CO₂.  There is little doubt that to deal with related environmental concerns, both industry and governments have to do a much better job of controlling widespread methane releases.  For whatever reason, this critical greenhouse gas fell off the radar.  With the evident continuing reliance on natural gas for heating and electricity production in North America, there is an immediate need to get a better handle on monitoring and release controls.  Moreover, methane emissions from leaking wells could far outweigh the benefit from replacing other fuels when it comes to our fragile environment.

Canada Cimate Change Climate Change Oil and Gas Oil and Gas US

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Nov 14

Recent Layoffs Among White-Collar Workers and CEOs Can’t Stop Saying Sorry

by bcurry

Last August a survey was released by consultant PwC which polled more than 700 U.S. executives and board members across a range of industries.  It found that half of respondents said they’re reducing headcount or plan to, and 52 percent had implemented hiring freezes.  The projected layoffs were seen to especially hit the high tech and financial sectors, primarily among middle- and lower-management.  Since rising interest rates in March resulted in home sales slowing to a crawl, there have also been widespread cuts for realtors, mortgage brokers and appraisers.  Unlike blue-collar workers where there is a current shortage of labour, most analysts would agree that this particular round of layoffs will have its greatest impact among white-collar workers.

As of today, forecasted layoffs in significant numbers are happening across the U.S. and Canada.  Many are occurring among some of our largest employers, including for example: Meta Platform Inc., Netflix Inc., Shopify, Wayfair Inc., Oracle Corp, and Apple Inc.  Walmart Inc., Ford Motor Co., Gap Inc., Zillow Group Inc. and Stanley Black & Decker Inc. also announced they plan to cut jobs at their head offices.  Of course, Elon Musk, following his purchase of the company, leads the way with his recent announcement that half of Twitter’s workforce is being dismissed.  These are all companies that did well during the pandemic, notably because of the growth in on-line sales and business.  However, now that the pandemic is coming to an end and interest rates are rising and stock price valuations are in decline, the boom appears to be over.  Thousands upon thousands are being laid off, largely because of massive hiring during the pandemic itself and management’s misreading of the markets.

The layoffs couldn’t have come at a worst time for white-collar workers given that the labour market today is extremely tight, with about 1.9 available jobs for every unemployed person.  What is interesting, many CEOs are openly expressing regret by stating that the situation is largely their fault.  They obviously recognize that they’ll probably need to hire back some of the talented and skilled people they laid off, and could be positioning themselves to recruit again when the recovery comes.  This is being done out of self-interest and to maintain a good product name.  At the same time, about two-thirds of firms surveyed are boosting pay or expanding mental-health benefits, largely to retain the remaining workers.  The most common move is making remote work permanent for more people.  For this reason, many CEOs are trying to appear to initiate the layoffs in as humane way as possible.

Otherwise, just saying you’re sorry is not enough!  There will obviously be a need to keep doors open once the economy recovers.  One question will be the nature of employment and the workplace down the road.  While replacing blue-collar workers with robotics for example is increasingly a concern, the advent of the greater use of artificial intelligence will be an issue for white-collar workers.  For example, Deutsche Bank’s CEO John Cryan hinted in 2017 that half its workers could be replaced by machines.  According to a survey in the same year by Greenwich Associates, around 75% of financial firms were intending to either explore or implement artificial intelligence technologies.  Among Canada’s five big banks, there are artificial intelligence-powered chatbots that now interact with customers through a bank’s digital channels — online, mobile and social media, and programmable software bots perform administrative tasks such as processing mortgage applications.  These virtual machines are already being tasked with some heavy lifting.

Otherwise, no one’s job is guaranteed to be safe now or in the future, including many of today’s white-collar jobs.  There is little doubt that, as more permanent cost cutting measures occur, companies will be looking to enhance their productivity and lower labour costs through the use of new technologies.  There is no profession or field of employment that is safe anymore.  The fact that CEOs are currently letting go so many white-collar workers, may also offer them an opportune time to look at new replacement strategies.  I wonder if CEOS like Elon Musk will continue to say ‘sorry’?

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Nov 9

Where Is America’s Democracy Heading?

by bcurry

Now that the mid-term elections are more or less over, there are a lot of questions about where America’s democratic processes are heading?  This is particularly true given the following issues that surfaced during the voting processes.

  • Several states instituted new restrictions on how people could vote, some moving to in-person voting as a requirement.  This particularly had a negative impact on seniors and persons with mobility disabilities.  In some cases, it also affected marginalized groups.  For example, Florida had new elections legislation affecting voting in the State, which voter advocates argued disproportionately affected Black voters — making it harder for many to vote — and created an environment of confusion and fear.
  • Various voting station monitoring processes were introduced, some of which definitely intimidated certain voters.  In a couple of instances, authorities had to remove armed monitors — reminiscent of Russian elections — from polling stations.
  • Several states had candidates, all Republican, whose platforms included the open but false belief that the 2020 Presidential election was not legitimate.  Some of these candidates were running for positions of Senator, Governor, Attorney General and Secretary of State.  If elected, all could have a serious impact on how future elections are run.
  • Right-wing roadshows, such as the ReAwaken America Tour, promoted Christian nationalism before the mid-terms.  According to Samuel Perry, an associate professor of sociology at the University of Oklahoma and the co-author of the book ‘The Flag and the Cross: White Christian Nationalism and the Threat to American Democracy’, a growing number of Republicans are embracing the ideology of Christian nationalism.  Such groups advocate the fusion of American civic life with a particular kind of white, conservative Christianity, a contrary notion to the separation of church and state.
  • As Republican candidates across the country continue to amplify former President Donald Trump’s false claims of corrupted elections, officials were ready for disruptions after the polls closed.  Already declared, activists and lawyers are prepared to challenge ballots and dispute counting procedures, and losing candidates who cast doubt on the integrity of the process may file lawsuits.
  • Not long ago, the fight against disinformation focused on the major social media platforms, like Facebook and Twitter. When pressed, they often removed troubling content, including misinformation and intentional disinformation about issues. Today, however, there are dozens of new platforms, including some that pride themselves on not moderating — censoring, as they put it — untrue statements in the name of free speech.

These are only a few of the anomalies that were witnessed during yesterday’s mid-term elections.  The continuing polarization of American politics was clearly on display.  There appears to be no real chance for compromise in Congress which will leave President Joe Biden with few legislative options during the remainder of his term in office.  It can only be expected that the same election issues will surface in the next presidential election, if not more so.

Even the U.S. Supreme Court has increasingly demonstrated in recent decisions that political ideology plays an important role, especially when judges are appointed by Republican or Democratic administrations.  Clearly, there now has surfaced a serious negative impact on the courts as neutral bodies governed by the laws of the land and the will of the peoples’ elected representatives.  So much for checks and balances related to the three branches of governance!

Other democracies are closely watching what is happening in the America and some are very concerned about the situation.  Studies have even shown that young people in the U.S., Canada and the U.K. are increasingly cynical about the ability of democracies to effectively govern, leading today’s youth away from representative government.  Some young people appear ready to abandon democracy, expressing concerns for their futures and the belief that the current system has failed them.  In the past, foreigners have looked to American democracy as a model to replicate in their countries.  Sadly, this may no longer be the case.

Donald Trump Elections Joe Biden Republican Party US US Politics

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Nov 3

Attack on Nancy Pelosi’s Husband was not due to a Mental Illness of Accused Attacker

by bcurry

Let’s first start with a new study out of Columbia University and recently published in Journal of Forensic Sciences which concludes that mental illness is not the cause of the vast majority of mass shootings.  When a domestic terrorist incident occurs involving a mass shooting or an attack on a high-profile person, the first reflective reaction is not to want to completely dismiss mental illness, like psychosis, as the primary cause.  The authors note that this immediate reflex assumption exacerbates “the already widespread stigma surrounding severe mental illness”.  The extensive study concluded that for perpetrators who used firearms, just over 80 percent did not have a mental illness.  Sixty-eight percent of those who used other means for murder, like stabbing, did not have a mental illness, either.  One of the study’s authors, Dr. Ragy R. Girgis, who is the director at the Center of Prevention and Evaluation specializing in studying and treating teens and young adults at high risk for psychoses, like schizophrenia, preferred to focus on the cultural and social drivers behind these types of killings — such as the romanticization of guns and gun violence — rather than on individual predictors.

In the gruesome attack on October 25th on House Speaker Nancy Pelosi’s husband, Paul Pelosi, this was carried out by what one refers to as a ‘lone wolf’.  He has to date no clear indication that he was a direct instrument of any extremist group.  In the past years that I’ve been studying ‘radicalization’ of individuals in both the U.S. and Canada, I have found some common traits and factors for lone wolves.  For one, all were male and primarily Caucasian.  These individuals had undergone serious problems with their ‘socialization’ when they were young, often demonstrating loner qualities within somewhat dysfunctional family life and having few real close friends.  These individuals may be particularly vulnerable to extremist messaging and recruitment strategies.  Their social and economic situations tend to lead them to blaming others, tending to be swayed by conspiracy theories, often easily accessed through social media and Web sites run by extremist groups, such as the message board 4chan — a site notorious for extremist discussion.  In the case of Paul Pelosi’s attacker, David DePape, he appears to be a near perfect candidate for extremism and radicalization.  For over two decades, he has been estranged from members of his family in Powell River, British Columbia, including a twin sister.  His stepmother noted that, in his youth, DePape didn’t socialize much at all.  He was also lately estranged from his wife and children.  According to an initial investigation by the Associated Press, it is reported that he is alleged to have published a series of conspiracy rants online.  In recent months, DePape reportedly published hundreds of blog posts sharing memes in support of fringe commentators and far-right personalities.  Many of the posts were filled with screeds against Jews, Black people, Democrats, the media and transgender people.  In addition, DePape may have had suicidal thoughts in carrying out his attack, something pointed out by the Columbia University in the case of mass school shootings where almost half (45.6%) ended with the perpetrator’s suicide.

There have been numerous studies in both countries trying to get into the minds of such predators and killers, and how they can become radicalized.   A criminal investigative psychologist with the Royal Canadian Mounted Police (RCMP), Matthew Logan, asserted in 2015 that many radicalized individuals are misfits of society who cling obsessively to “overvalued ideas” as a way to elevate their sense of self.  Jocelyn Bélanger, a professor of psychology at the Université du Québec à Montréal, concluded that when someone feels alienated from society, it is painful.  In turn, one of the quickest ways to assuage that pain is to turn to violence and incite fear.  She also notes that, while there is a dearth of hard evidence linking mental illness and radicalization, ideology often does play an important role in what drives people to radicalize.  Both researchers argue that, while such individuals are usually intolerant of ideas that contradict their own, treatment isn’t out of the question.  Providing individuals with vocational training, stable employment, fair treatment and supportive community connections can steer them onto a more productive track.

Given his history, it will be very difficult to argue that David DePape suffered from a serious mental condition causing his vile actions.  He apparently had clear motive for the attack and had planned and carried out the attack in a systematic way, fully recognizing the Secret Service security afforded to the Pelosi residence.  As in other lone wolf attacks, he proceeded in a deliberate and targeted ego-driven manner in order to achieve the ultimate goal, which, for many, is a “quest for personal significance.”

Canada Extremism Extremist Groups Extremist Groups Terrorism US

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Nov 1

The Big Problem With Canada’s Constitutional Use of the ‘Notwithstanding Clause’

by bcurry

Since Canada’s Constitution was patriated from the British Parliament’s authority to Canada’s federal and provincial legislatures in 1982, the Canadian Charter of Rights and Freedoms (the Charter) was added at the same time.  Section 33 of the Charter is known as the notwithstanding clause.  This override clause, allows federal, provincial, or territorial governments to temporarily override, or bypass, certain Charter rights.  Although the clause has been used only a handful of times by various provinces, it has set out some dangerous recent precedents where it has been used arbitrarily by Quebec and Ontario in particular.

For example, this November the province of Ontario proposes to introduce back-to-work legislation in advance of a potential strike by thousands of education support workers.  The government intends to use the notwithstanding clause as part of a controversial bill that would impose a contract on provincial education workers.  The province wants to avoid a constitutional challenge against the bill by labour unions and others which see the legislation as a violation of their right to collectively bargain, something that courts have agreed with in the past.  Prime Minister Justin Trudeau told CBC News that: “Using the notwithstanding clause to suspend workers’ rights is wrong”.  The federal government has never invoked the clause.  Section 33 was intended for use by governments in extraordinary circumstances, and not to resolve government initiatives by circumventing citizens’ Charter rights.

In 1988, the Quebec Liberal Party invoked the notwithstanding clause to pass a bill that limited the use of English-language signage and advertising in the province. This was clearly a violation of freedom of expression under the Charter.  When it came up for renewal five years later, the legislation was replaced by another bill which complied with Charter rights.  In 1986, Saskatchewan’s Progressive Conservative government invoked the notwithstanding clause in back-to-work legislation that the Saskatchewan Court of Appeal had earlier ruled violated Charter rights.  In Alberta in 2000, the Progressive Conservative government used the clause to pass legislation against same-sex marriage.  However, the Supreme Court ruled in 2004 that marriage legislation was under federal jurisdiction which subsequently led to the federal government making same-sex marriage legal across all provinces and territories in 2005. The Ontario government’s 2021 use of the notwithstanding clause to protect a campaign finance law turned out to be very problematic when it came to actual election financing.

In 2019, Quebec’s government passed Bill 21 into law, the so-called secularism bill, invoking the notwithstanding clause to block individuals or groups from challenging the law for violating Charter rights.  The law bans public employees — teachers, police officers, judges, etc. — from wearing religious symbols at work. The law sparked protests and debate and was criticized by many as a form of legalized discrimination, and is expected to be challenged in the courts.  In 2022, Quebec’s controversial French language law reform was enacted proactively using the notwithstanding clause once again to shield the law from constitutional challenges.  Some experts argue that this law represented a political manoeuvre to avoid having a negative judicial ruling that would be inevitable if they hadn’t used the notwithstanding clause.  With numerous future lower court reviews, most believe that how Section 33 is used will eventually have to be decided when a case reaches the Supreme Court of Canada. 

These are a few examples of the use of the notwithstanding clause under Section 33 of the Charter.  This provision was introduced at the time of the Constitution’s patriation to politically placate the provinces in order to obtain their needed agreement to proceed with the new constitution.  In retrospect, this may have created more jurisdictional problems than it was supposed to resolve.  When the Charter was drafted in 1982, the unprincipled pre-emptive use of the notwithstanding clause was not envisioned.  Some claim its misuse has become totally unacceptable and all too prevalent.  Governments are hiding their political agenda behind its use, thereby undermining the protections afforded to people under the Charter.  Laws should not be allowed to avoid Charter challenges!  Where in the Constitution does it say that government authority should void the rights of citizens — particularly minorities — without proper recourse through our democratic and judicial processes?

Canada Charter of Rights and Freedoms Quebec's Bill 21

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