There were several options that could have been used to prevent any strike or other labour disruption, all without using the notwithstanding clause. The only problem for the government is that these other options would have most likely resulted in higher wage settlements.
2/
For instance, @fordnation could have legislated that there be binding arbitration. So, in lieu of a negotiated collective agreement (with labour action possible), an independent arbitrator would decide what the fair outcome should be.
3/
Alternatively, a contract could be imposed without the use of the notwithstanding clause. This would then mean CUPE could challenge the contract’s terms if they do not represent a fair outcome.
4/
In either case, this could potentially lead to the collective agreement’s terms being ordered to be more generous than what @fordnation is imposing—in particular, higher wages. So it could cost the government more, but would still prevent disruption.
5/
The Government of Ontario has, however, decided that these education workers should not even have the opportunity to obtain a fair collective agreement. Instead, they should continue to receive very low wages that are failing to match increases in cost of living.
6/
At a time when budget surpluses are being projected, it is hard to see why @fordnation thinks poorly paid education workers should see real wage cuts. CUPE members should be entitled to a fair settlement.
7/7
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The Saskatchewan First Act is a doozy both in terms of what it purports to do (blatantly unconstitutional) and what it actually does (mostly, generate hot air).
Namely, the Act purports to amend the Constitution of Canada, namely the Saskatchewan Act and the Constitution Act, 1867. All well and good, except this can’t be done unilaterally.
2/
Since the amendments would only affect Saskatchewan, section 43 of the Constitution Act, 1982 applies. Under this provision, resolutions of both Houses of Parliament are required in addition to that of the Saskatchewan Legislative Assembly.
3/
Let me save some time. The prospects for the province winning on appeal are nil. Dunlop J. made a finding of fact that Cabinet, not the CMOH, was making the decisions. There is no palpable or overriding error that would cause the Court of Appeal to reverse that.
It is also settled law that decision makers cannot unduly fetter their discretion, nor can they sub-delegate the authority given to them by statute. There is no avenue for the Court of Appeal to hold an error in law was made by Dunlop J.
2/3
The only *possible* part of the decision that could be appealed is the rejection of the Charter arguments. There, Dunlop J. sided with the province, so it’s the applicants who could win here. However, even here the likelihood of a successful appeal is (sadly) very slim.
3/3
I will disagree that the PC party successfully reinvented itself with new leaders. There were only two leaders who were really successful, each of which were premier for almost 1/3 of the period the PCs held power.
Both Peter Lougheed and Ralph Klein were Premier for 14 years (in Klein’s case, to the day; Lougheed was actually a few months longer). The other *5* PC premiers collectively governed for the remaining 15 years.
2/4
Of those 15 years, 7 were under Don Getty. His success record is dubious, given that he lost his own seat in the 1989 general election, and the party was in serious trouble when he left office.
3/4
A fairly solid win for @OrlaghOKelly1 and @Sharonadactyl, all due to their dogged persistence and smart approach to get the evidence that ultimately made the decision (IMHO) an inevitable conclusion. #ableg#abpoli
1/10
As the decision notes, the evidence (which the government initially tried to hide behind the veil of Cabinet confidence) showed that Cabinet, and not the CMOH, made the decisions. The Court says this was “unreasonable”, which is administrative law language for offside.
2/10
The Legislature, in enacting the Public Health Act, gave the power to make the decisions to the CMOH. The Legislature also permitted the CMOH to delegate to certain officials, but not to ministers or Cabinet.
I will quibble on this column. First, a recession is neither necessary nor inevitable. The goal is to find the “goldilocks” soft landing. The challenge is that it is hard to hit that target, and central banks can easily overshoot.
The second point quibble is that monetary policy is playing a major role in our current economic situation, and so changes to that policy cannot be avoided. In particular, monetary policy until recently was highly stimulative; it has only recently passed become tight.
2/5
But there is a very important underlying truth to what @David_Moscrop has written: the pains of economic adjustment are not evenly distributed. Lower wage jobs and people in less secure financial situations disproportionately suffer the consequences.
3/5