Showing posts with label rule of law. Show all posts
Showing posts with label rule of law. Show all posts

2021-01-25

Does Canada Need a Head of State

        From Twitter
      
 Adrian Harewood
        @CBCAdrianH
        23 Jan
        Why in 2021 is a Canadian Prime Minister, the leader of a #G7 nation, still reporting to a #Queen who                doesn't live in his country and has never lived in his country? #JuliePayette #JustinTrudeau #Canada

This is just one response to the latest “scandal” involving the monarchy. In this case it was the Governor General. In others it has been members of the Royal Family. In each instance we seem to see a flurry of criticism of the monarchy. Although the misbehaviour of individuals is not necessarily a good reason to question an institution such behaviour always acts as a catalyst for questioning the role of the monarchy in Canada.

The usual response is a “debate” over whether we should get rid of the monarchy and replace it with something else, presumably a republic with a president rather than a monarch. That of course is not the only option.

One option I have never seen discussed is whether or not we actually need a Head of State.

Could we essentially retain our system of government without a Head of State, in effect a constitutional monarchy without a monarch.

Is this not the ultimate evolution of democracy. While governments need leaders should a nation state not be led by the people, not by a designated privileged individual. Would this not be the ultimate expression of the rule of law rather than the rule of man.

How would this work in practice.

The constitutional parliamentary duties now performed by the Governor General, granting royal assent, prorogation and dissolution of Parliament, etc. would be performed by a body that actually has constitutional expertise, a panel of Supreme Court justices. When it is necessary to canvas the House of Commons to determine who has the confidence of the House that function could be carried out by the Speaker and confirmed by a confidence vote.

The Prime Minister would continue to speak for the government and the Speaker of the House of Commons could speak for Parliament and when appropriate on behalf of the country as a whole.

Our system of a constitutional monarchy and parliamentary government reflects our history and it works. If we are tempted to change it we should be bold.

2010-06-30

Why Is Bill Blair Still Toronto Police Chief

If there is one thing I thought all Canadians agreed on, in it was the rule of law and that the role of the police was to enforce the laws made by our elected governments not make up their own.

I find it hard to understand how a chief of police could admit to making up his own law and instructing the police to enforce it, while lying to the public about it, without adding "therefore I resign immediately". It does not even matter whether the law was enforced fairly or appropriately, which in this case the evidence indicates it was not - the police do not make up their own laws. It seems to me there can be no greater crime that a police chief could commit than to do that and upon admitting that there is no choice but immediate resignation.

Am I missing something. Why is there not total and complete public outrage over this. Are there really that many people that think a police state is acceptable, even for a weekend.

2007-09-13

The Rule of Law and "Veiled Voting"

Canada is not a police state. The police cannot simply tell people to do something because they are the police. They must have legal authority. And neither can other government officials. It does not matter whether everyone thinks that requiring voters to show their faces is a good thing, whether it be the Prime Minister, all political parties, all Muslim organizations and leaders and veiled Muslim women themselves, or even a Parliamentary committee, if the law does not provide the authority election officials cannot require Muslim women to show their faces to vote.

Perhaps the law should be changed. But if the law is to be changed to require photo identification of voters then it must apply to all voters. So why was it not applied to all voters when the act was amended. Perhaps it was because many voters, particularly the poor and disadvantaged, do not have photo identification and requiring it would effectively disenfranchise many of the poor from voting. Do we want to do that simply because veiled women make some people uncomfortable.

And what of those who vote by mail, who do they show their face and photo identification to. Indeed, mail in ballots are a greater concern because there is no guarantee of a secret ballot, one of the basic principles of democratic elections, when mail in ballots are used.

Perhaps we should stop and think before implementing knee jerk reactions to what is in reality more of a theoretical, rather than real, problem.