BC Rail and BC Hydro - [5]

Posted in BC Election, BC Legislature, Direct voting, Environment, Justice, Taxes on January 7th, 2009

The blog post entitled BC Rail and BC Hydro - [4] mentioned three lawful reasons why a BC Refederation Party government in Victoria has the right to opt out of the Constitution Act 1982 when it is necessary for the good of British Columbians.

The third reason is the “Notwithstanding Clause”. This is the name given to Sec 33 of the Charter, which is part of Trudeau’s Constitution Act 1982. Sec 33 permits provincial legislation to opt out of parts of the country’s so-called constitution.

Sec 33 was included at the insistence of the Western Premiers, but it is not well known that the central government’s Minister of Justice agreed with it. Jean Chretien supported the inclusion of Sec 33 like this:

Chretien stated that Sec 33 would serve as a safety valve.

It would ensure “that legislatures rather than judges would have the final say on important matters of public policy.”

He was correct when he said that it would allow elected governments

“to correct absurd situations without going through the difficulty of obtaining constitutional amendments.”

Significantly for BC, he also said that provinces should be able

“to opt out of the Canadian constitution in order to “protect important societal values and goals”

Again significantly for BC, he was also correct when he said that

” the overriding of the Canadian constitution by a province is acceptable if there is widespread popular support for such a move. “

Now, Sec 33 is restricted to certain rights [primarily for the benefit of Quebec, it seems], but the point is that it sets a precedent:

- “the wall of constitutional entrenchment may properly be pierced by a provincial Legislature possessing demonstrable popular support”. [central government website]

A BC Refederation government in Victoria will expand the use of Sec 33 to “pierce the wall of constitutional entrenchment” and will assert the right of the province to opt out of any clause of Trudeau’s Constitution Act 1982.

In the case of BC referendum results [which will not require "Royal Assent"], BC will use Sec 33 to opt out of Sec 41 of the Canadian Charter. This section makes any change in the position of the Lieutenant Governor subject to unanimous agreement of the Senate, the House of Commons, and all provinces [in other words impossible].

This expanded use of Sec 33 is required in order to “protect important societal values and goals” of British Columbia, and this overriding of the Canadian constitution by this province will be “acceptable” because there will be “widespread popular support for such a move”, as proved by a BC referendum.

Only the BC Refederation Party will lessen the stranglehold of Ottawa on British Columbians.

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