, 10 tweets, 3 min read Read on Twitter
1/ The rule of law, once again, has been undermined by PM Trudeau and the Liberal government with MP Wilson-Raybould’s and MP Philpott’s expulsion from caucus.

Here's why.


2/ On November 5, 2015, Section 49 of the Parliament of Canada Act required Liberal MPs to vote four times. These four votes were to be recorded (just like votes are recorded in the House of Commons). Here's the law:
3/ But, the PM and his leadership team prevented Liberal MPs from complying with Section 49 at that first caucus meeting. By blocking Liberal MPs from recorded votes, they acted illegally and broke the law.

One of the recorded votes that didn't occur was for caucus expulsions.
4/ Proof?

Asked if there had been a recorded vote, McKay shook his head. 'Nothing like that ever happens in caucus …'" Toronto Star, Mar. 22

"The vote of each caucus member, in each vote, is to be recorded." Parliament of Canada Act, Sec. 49.8(3)

5/ And now, on questionable authority resulting from that illegal act on Nov. 5, 2015, someone (PM? Caucus? Show of hands?) has expelled JWR and Philpott. In doing so, JWR and Philpott were deprived of procedural fairness and their right to a fair process for caucus expulsion.
6/ Here’s the process that Wilson-Raybould and Philpott would have the right to if the PM and his leadership team not illegally blocked Liberal MPs from a recorded vote to adopt this rule on Nov. 5, 2015:
7/ The rule in Section 49 has a high bar for expulsion.

1. At least 36 Liberal MPs have to write to the caucus chair requesting an expulsion, AND

2. A majority of the entire caucus, not just a majority of MPs present, have to vote in favour of expulsion in a secret ballot vote.
8/ In other words, since the Liberal caucus had 179 members, that means at least 90 Liberal MPs have to vote in favour of expulsion in a secret ballot. If only 120 MPs showed up to vote, 90 votes in favour of expulsion are still required.
9/ Expulsions are not a trivial matter. They go to the heart of power in our democratic system. Independent MPs and independent candidates have far fewer powers than party MPs and party candidates. That’s why they’re few and far between. And that’s why they rarely get elected.
10/ Because the law was not followed on November 5, 2015, the authorities to expel from the Liberal caucus are unclear & questionable. As a result, Wilson-Raybould’s and Philpott’s expulsion from caucus is ad hoc & arbitrary.

And the government says the rule of law is strong.
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