Here's the deal

The rabble protesting Doug Ford's invocation of the "notwithstanding" clause in the Canadian Constitution is ill-informed.  I am married to someone who held the pen when the Constitution Act of 1982 was drafted, so I rely on his knowledge to unravel the facts.

The clause was insisted upon by the three Western Premiers, Sterling Lyon, Alan Blakeney and Peter Lougheed, because they feared that Quebec would abuse the constitution.  What the clause means is provinces can override the Charter of Rights in cases where provincial jurisdictions and decisions are at stake.  That, my friends, is exactly what Doug Ford is doing.  He wants to reduce the number of Toronto city councillors and is perfectly within his rights to do so.  What people don't know is that the municipalities are creatures of the provinces.  In fact, municipalities are not necessary and Ford has the right to make changes as he sees fit.

Basically, what the Western premiers were saying was eff Quebec.  We're not going to let one province block our legislative powers, hence the clause.  Reading all the letters and editorials, I have to laugh at the ignorance of the positions taken.  It was simply Western provinces standing their ground.  And as to the Ontario MPPs protesting and banging their desks, they have no idea either.  It's all legal. 

He's doing it and so what.  The clause is there and it's being used.  B has a letter in The Globe and Mail today which sums it all up perfectly.  Here's the letter:

"Dear Editor,

"As part of the team in the Federal Provincial Relations Office in 1978, I was a participant in the negotiations that resulted in the Constitution Act of 1982.  The “notwithstanding clause” was insisted upon by then-premier Sterling Lyon of Manitoba to enable provincial legislatures to challenge the Charter of Rights and Freedoms, should issues be at odds with provincial legislative initiatives, as Premier Ford is now doing. 

"Supported by both Premiers Lougheed and Blakeney, this clause was an essential element in securing the support of all premiers for approval of the Constitution.  The fact that Premier Ford is using it now is perfectly legitimate and within the province’s constitutional rights. 

"Brian Marley-Clarke

Director, Federal Provincial Relations, Privy Council Office (ret’d)
Calgary, Alberta"