What if the PQ loses?

Two and a half weeks into the campaign in Quebec, and panic seems to be setting in among PQ strategists. Polls are showing a clear trend toward the provincial Liberals. Worse, the upstart Québec Solidaire, whose leader, Françoise David, performed admirably during the first leader’s debate, is nipping at the heels of the PQ in several urban ridings on the island of Montreal.

The PQ has tried everything, yet nothing seems to be working. Pierre Karl Péladeau has failed to ignite any significant interest on the part of the business community that was supposed to be drawn into the PQ fold by his candidacy. The specter of a referendum has clearly cost the PQ in the polls, to the point where Pauline Marois has rather pathetically been repeatedly seeking to distance herself from what should after all be her party’s most central commitment. The Charter of Values, which was trundled out again toward the middle of the week, seems to have exhausted its electoral potential.… Continue reading

Does the PQ have to Say Whether It Will Hold a Referendum?

Apart from convinced sovereigntists, very few people had given serious thought to the possibility of a third referendum on Quebec’s independence before the current election. Support for independence has been oscillating around 40% for years and a huge proportion of the population did not want to hear about it, including disillusioned sovereigntists. Even a deeply disliked conservative government in Ottawa hasn’t been enough to reignite the independence flame. But things can move quickly in politics, and it now appears that a Parti Québécois majority government would switch gear and do whatever it can to create a momentum for sovereignty. As Daniel pointed out, the baby boomers who are masterminding the current PQ strategy are arguably thinking that their best chance to see an independent Quebec during their lifetime is to organize a new referendum as quickly as possible. Media mogul and now PQ candidate Pierre Karl Péladeau (PKP) is not known for his patience.… Continue reading

I’m Not A Real Journalist But I Play One On TV

On Sunday evening I watched 60 Minutes. One of the pieces featured the Canadian journalist Morley Safer examining new ‘drone’ technology that permits remotely controlled model aircraft to fly around neighborhoods with digital cameras. The episode was not exactly hard hitting journalism but it did raise some issues about technology and privacy. Soft as the piece was, I assumed that Safer was presenting a news story and not a piece of fictional entertainment.

Then I turned on the Netflix series House of Cards and who did I see? Morley Safer playing himself as a hard-hitting journalist from 60 Minutes pressing a fictional Vice-President of the United States about an alleged political scandal. Safer is not the only journalist who has had a cameo appearance on House of Cards. Kelly O’Donnell, NBC News, Ashleigh Banfield, CNN, Candy, Crowley, CNN, Sean Hannity, Fox News, Rachel Maddow, MSNBC, Chris Matthews, MSNBC, Chris Hayes, MSNBC, Morris Jones, ABC 7, Julianna Goldman, Bloomberg News, Major Garrett, CBS News and Scott Thuman, ABC 7 have all ‘played themselves’ on the hit show.… Continue reading

Thoughts on Rob Ford (vol. 2)

My comments a couple of weeks ago about Toronto mayor Rob Ford have attracted a few visits from members of Ford Nation (yes, these people are real). And while none were able to marshall a level of civility sufficient to get their comments past moderation, they were able to communicate to me their strong desire that I elaborate on the various promissory notes I made in my last Ford post, including the suggestion that I would have more to say more about Ford being “dumb.”

I am happy to oblige.

Let me just start by observing that I’m not the only person who has impugned Ford’s intellect. I think the best line came from our former mayor Mel Lastman, who said “this guy makes me look like a genius,” before adding, with the characteristic Lastman touch, “and I’m not a genius.”

This, by the way, was long before the whole crack scandal broke.… Continue reading

Les leaders péquistes comprennent-ils leur propre charte ?

Comme le souligne Joseph, l’idée que les entreprises privées pourraient décider d’appliquer la Charte de laïcité est ahurissante. Bernard Drainville, le ministre responsable du dossier, dit depuis le début que les entreprises pourraient « s’en inspirer ». Pauline Marois et François Gendron viennent tout juste d’opiner que les entreprises seront libres d’appliquer la Charte si elles le désirent. Il y a tout lieu de se demander si la première ministre et le vice-premier ministre comprennent leur propre Charte, ainsi que la Charte québécoise des droits et libertés. Questionnés par les journalistes, ils auraient dû préciser que le chapitre 5 du projet de loi 60, à savoir l’interdiction pour tous les employés des secteurs public et parapublic de porter un signe religieux dit « ostentatoire », ne s’applique pas aux entreprises privées, à moins qu’elles soient sous contrat avec le gouvernement. En vertu de l’article 10 de la Charte québécoise des droits et libertés, les entreprises privées ne peuvent discriminer sur la base de l’appartenance religieuse d’un employé.… Continue reading

Private sector free to adopt Quebec religious symbols ban?

I was struck by this article in the Globe and Mail: Private sector free to adopt Quebec religious symbols ban too, Marois says

Quebec’s charter of values does not necessarily exclude the private sector from imposing the same restrictions on their employees as the ones demanded from public servants, says Parti Québécois Leader Pauline Marois.

Is it my imagination, or is that a really big deal? I haven’t looked carefully at how Bill-60 amends the Quebec Charter of Rights and Freedoms, or what other provisions it contains, but if it insulates private employers from discrimination complaints in this way, that could have a huge impact. Two things come to mind: first, this dramatically expands the extent of the equality violation being contemplated — for example, an observant Sikh could be turned down for employment anywhere in the province, for any job whatsoever, and would have no legal recourse? And second, the rationale for the ban (“state secularism”) is completely missing in the case of the private sector.… Continue reading

The Péladeau effect

A week and a half into the election campaign, and things are not exactly going according to the script. A couple of weeks ago, it seemed as if the governing Parti Québécois would easily saunter into majority status. The Liberal Party had a terrible time of it in the run-up to the election. Its untested leader, Philippe Couillard, seemed weak and indecisive in dealing with Fatima Houda-Pépin, the Liberal MNA who took exception with what she saw as her Party’s excessively lax stand on religious accommodation issues. She managed to steal the headlines from her boss for weeks, before ultimately slamming the door on him in a very public way. (She will be running in her old riding as an independent, and the PQ has made it plain that they would not run a candidate against her). The PQ on the other hand seemed unable to take a wrong step. The “Charter of Values” provided them with an inroad into the key swing suburban ridings around Montreal and Quebec City.… Continue reading

The conservative bind

Excellent paragraph from Jack M. Balkin, “The Last Days of Disco: Why the American Political System is Dysfunctional” (SSRN), describing the dilemma that radical Republicans find themselves in:

They disdain the expertise- and elite-driven politics that the progressives championed. But they face the opposite problem. The acceptance of scientific policymaking as the proper mode of government action, and widespread popular expectations that the government is now responsible for social welfare, social insurance, full employment, environmental protection, and economic prosperity, means that libertarian radicals will find it almost impossible to dismantle the modern policy state wholesale. Instead, the best they can hope for is to undermine it and prevent its further expansion, leading to… a “permanent siege” against the policy state.

This strikes me as an excellent summary of the bind that Canadian Conservatives find themselves in right now. And while it does not manifest itself in the form of “dysfunction,” the way it does in the United States, it does explain the peculiar paralysis of the federal government (remarked upon by many disappointed conservative commentators), where they can’t seem to find anything better to do with their time than pick fights with the civil service.… Continue reading

Non-citizens and the Charter of Rights and Freedoms

Almost thirty years ago, when the Charter of Rights and Freedoms was brand new, the Supreme Court of Canada made two decisions that were vitally important for the rights of non-citizens in Canada.  Since that time, it has been all down hill.

What has gone wrong and why?  The beginning was promising.  In 1985, the Supreme Court ruled than anyone physically present in Canada was protected by the Charter.  This ruling was followed in 1989 with a decision that a lack of citizenship was analogous to the grounds of discrimination listed in the Charter and thus was a basis for equality protection.

My study published late in 2013 showed both that very few questions of non-citizens’ rights reach the Supreme Court of Canada, and that those that claims that do are frequently rejected by the Court.  The commitment of the Court to ensure that the Charter meets international human rights standards is not being met in this area.  … Continue reading