Paul Martin: "In my view, if you won't protect the Charter of Rights and Freedoms, then you have no business trying to become prime minister of Canada." I think I can agree with that. I think it is actually the most intelligent position on the constitution that Paul Martin has made during this campaign or perhaps any other. So, why is he still running?
The notwithsatnding clause is part of the Charter of Rights and Freedoms. As Mr. MArtin has been so clear that a PM can't cherry-pick which rights he wants to protect, obviously Mr. Martin has to protect the notwithstanding clause. The clause is a right granted to Parliament. The intention of that clause is that Parliament can delay a court judgement for up to five years in order that the people, either directly or through their democratically-elected representatives, can decide what the law should be.
As far as I know (and perhaps some constitutional experts can clarify this), but the notwithstanding clause cannot be used to nullify or remove other sections of the Charter. Thus, Section 33 can't be used to allow discrimination against racial minorities or to cancel First-Nation treaties enshrined in the constitution. It can be used to prevent a court from writing in their own sections of the Charter or interpreting the Charter from political viewpoints as opposed to legal standpoints. Judges are experts in legal matters. Policy and political matters are best reserved for legislators answerable to the people.
Interstingly, to make good on his promise to automatically deny bail for those accused (but not yet tried or convicted) of gun crimes, Paul Martin would need to use the notwithstanding clause to override constitutional prohibitions against automatic detentions. And also argue why the notwithstanding clause should be able to override provisions explicitly written in the Charter. Good luck with that one.
Soldiers. In our cities. Wow. Scary. I never thought about it much before. Clearly, I've avoided going to Victoria because of its proximity to CFB Esquimalt. Clearly, I avoided leaving the Halifax airport because of the naval base. Clearly, Calgary became a safer city once DND closed the base and sent the soldiers to CFB Edmonton. Clearly, I was terrified whenever I drove down James St. in Hamilton. I never knew reserve soldiers trained in the Armoury. I thought all those uniforms were just people on their way to costume parties.
If the Liberal ad was meant to be a policy discussion on where our armed forces are best stationed to respond to national and international crises and situations, why not show the ad on television? Why just release it on the Liberal website to test the waters? Why would Liberal candidates and cabinet ministers apologize for it if no apology is necessary? Why change your mind about whether or not it was approved or not? We know from the sponsorship scandal that the Liberals work closely with advertising agencies. This isn't a mistake. Why have 12 ads made if you only ever intended to release 11, especially if there's nothing wrong with #12? I'm sure it's an equality thing. To make up for the infamous, and probably terribly unlucky Baker's Dozen, Martin will even things up with the Liberal Dozen - always one short. I would like to believe Mr. Martin when he says that he only approved of the transcript and that when he saw the finished product he became aware that the intended message might get misconstrued. But, as it is the text of the ad that is offensive, stupid and just plain silly - shouldn't that have appeared in the transcript of the ad? Or perhaps the transcript was just a description of the background music, or the transcript was not a transcript of the actual ad, but talking points for damage control should the trial balloon go down like the Hindenburg. (for visual aids, see
http://www.andrewcoyne.com)
Paul Martin, when responding to a question posed during a televised Town-Hall Meeting, tried to argue that a Harper government would take away a woman's right to choose. I'm guessing he meant abortion, but I don't think he clarified. Perhaps he meant a woman's right to choose between flats and pumps. Let me be clear here and now. No-one, regardless of religious affiliation, political office, wealth or level of education has a right to tell a woman what she may or may not put on her tootsies. A woman's feet are her own to use and dress as she sees fit.
Now, part of me suspects that if the question had been posed by a snappily-dressed gentleman, Mr. Martin may have put forth a gay rights argument. This would be highly insulting as straight men have on occasion dressed well. It is a man's right to dress well if he chooses and knows how. I further think that the education system should be overhauled so that tomorrows young men can graduate secure with the knowledge of how to dress well. I have seen too many well-meaning, but misinformed young men trying their best, but still dressing badly. Equality now.
What didn't quite make sense, even if you think the Conservatives are against abortion (and that you could never, ever find a Liberal MP who is against abortion...), how is this a minority rights issue, which was the issue Mr. Martin was trying to address. As far as I know, women still make up more than 50% of the population of this country. I think that would tend to make them the majority.
In a similar vein, Paul Martin also told a national television audience that he believes that minority rights matter more then the wishes of the majority. Is this not a clear statement that he does not believe in democracy? Why would he want to lead a democratic nation if he doesn't believe in the will of the majority? Tyrrany of the majority does not mean that the majority should never get its way. But rather that the majority should not automatically get its way constantly at the expense of the minority. The constitution for the most part ensures that tyranny of the majority cannot exist. An unhappy minority group is not proof of tyranny of the majority, only proof of discontent of a minority over a certain issue (ie, the National Association of People for Mukluks for All Women - NAPMAW)
Now, to be fair Mr. Martin essentially admit that many Prime Ministers are elected with less than a majority of the popular vote. Which, I suppose is consistent with his view that the majority should not get its way. Therefore, it would appear that he feels legitimate government is achieved by having a minority in power. However, South Africa tried this, and most of the world agreed that Apartheid was not the way to go. So, what say we elect the Conservatives, NDP, or the Green party with both a majority of seats in the House of Commons and a majority of the popular vote.
Or, even better, and I know this is a really radical idea, but maybe what we should all do is elect the people, regardless of party affiliations, who can best represent the wishes of constituents in individual ridings and let those MPs vote on an every issue according to what is best for the people that elected them.
Wow, I better stop before I rashly publish more radical ideas. We're probably not really ready for our representatives to speak for the people they are paid to represent.