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Decentralized Democracy

House Hansard - 157

44th Parl. 1st Sess.
February 9, 2023 10:00AM
Context: House Hansard - 157 - Feb/9/23
Mr. John Nater
  • Feb/9/23 11:28:45 a.m.
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Mr. Speaker, another important feature the Conservative Party believes in is the separation of powers, where each province has the right to do as it sees fit within provincial jurisdiction. We have always respected, as the Conservative Party, the rights of the provinces in their sole jurisdictions, so if the member has concerns about a provincial issue, he ought to run in that provincial legislature and bring his concerns to that place. We have rights and freedoms, and we have safeguards within each of those. The member will know full well that the case in question was withdrawn by the province in question. What is more, section 33 does provide a five-year sunset clause, wherein the people's elected representatives in each of the provinces have the right to pronounce or re-pronounce on a matter that falls under section 33 of the Constitution Act of 1982.
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Context: House Hansard - 157 - Feb/9/23
Mr. Daniel Blaikie (Elmwood—Transcona, NDP)
  • Feb/9/23 4:56:22 p.m.
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Madam Speaker, while I disagree with it, the member can be of the opinion that he does not have a comment on what just happened in Ontario, and he can say that it should not be for others to have an opinion on what happens in Quebec. However, the notwithstanding clause is something that could be used not only by any provincial government, and this is not mentioned in the motion, but also by the federal government. How governments choose to use it in one jurisdiction will affect what is permissible politically, legally or otherwise in other jurisdictions. It is not quite right to say that it does not matter how various governments are using the notwithstanding clause because it will matter, with social licence and political licence and ultimately in legal precedent of how various jurisdictions have used it. It would perhaps create the opportunity for certain uses of the notwithstanding clause that the member cannot currently imagine. There are those of us who think it matters, and not just in how a particular province uses it. I imagine Bloc members could have some serious concerns with the possible uses of the notwithstanding clause by the federal government, so we need to appreciate that it does matter how it is used in various jurisdictions and that there are real impacts in other jurisdictions.
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