To defend the constitution, the federal government will need more democratic legitimacy
As of this week we will have not one but two provincial governments in this country formally committed to act in defiance of the Constitution, legitimate federal authority and the rule of law.
Still, Mr. Legault is the soul of legality compared with what we may expect from Danielle Smith as leader of the United Conservative Party and premier of Alberta. Where Mr. Legault at least pretended to rewrite the Constitution, Ms. Smith would openly repudiate it; where Mr. Legault’s government took the trouble to preserve its bills from the Charter’s reach by means of the notwithstanding clause – itself a part of the Charter – Ms.
So we are headed for major constitutional conflict, on both fronts. If I say the Legault government has given no indication it would not accept a Supreme Court ruling invalidating Bill 21 or 96, that is mostly because it thinks it will not come to that: that Justin Trudeau, rather than risk confrontation with the popular Mr. Legault, will bow to the Premier’s demands, as other prime ministers have bowed to those of premiers before him.
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