Timothy Huyer Profile picture
Absolutely no content, regardless whether original or retweeted, represents the views of any person or panda. Caveat lector. He/him. Also on bluesky.
Shadowy Cabal Enthusiast 🇺🇦 Profile picture jim williamson Profile picture Dr Norlaine Thomas (She/Her) Profile picture 3 subscribed
Apr 1 15 tweets 3 min read
On federal-provincial jurisdiction and the spending power (🧵).

A lot of ink is spilled arguing over which level of government is responsible for various initiatives. And to be fair, this can be confusing and something the governments themselves get wrong de temps en temps.

One area where there *is* broad jurisdiction is the (federal) spending power. It boils down to this: the federal government can pretty much spend federal money any way it sees fit, even in areas of exclusive provincial jurisdiction. TL;dr: “My money, my rules.”

Nov 15, 2023 17 tweets 3 min read
Courts already provide for an expedited process to determine whether (interlocutory) injunctions/stays should be granted until the case can be decided on its merits. This would upend that process and completely neuter a government's emergency powers.
1/ Courts use a 3-part test for granting an interlocutory stay. The party seeking the injunction must show:
(1) There is a serious issue to be tried;
(2) The person will suffer irreparable harm if the stay isn't granted; and
(3) The balance of convenience favours a stay.

Oct 27, 2023 63 tweets 10 min read
(🧵). In light of the major debate happening in Alberta, I thought I would try to put together a FAQ on a CPP/APP. As always, the answers here do not contain legal advice or personal views.

#ableg #CPP Q1: Can Alberta form an APP?

A: Yes. Section 94A of the Constitution Act, 1867 guarantees this, as Parliament cannot "affect the operation of any law present or future of a provincial legislature in respect of [old age pensions and supplementary benefits]."
May 30, 2023 21 tweets 5 min read
(🧵) Because the one thing tweeps have too much of tdoay, here is my own post-mortem on the #AbElection2023.

TL;dr: The @albertaNDP had a nigh-impossible path to victory. Ms Smith will have a hard time remaining Premier for a full term and the @Alberta_UCP could fragment.

1/21 When @ABDanielleSmith became leader and Premier, I believed she would not have time to turn around the party. In hindsight, the evidence that my call was wrong was readily apparent in the parties' fundraising totals.

Mar 4, 2023 6 tweets 2 min read
The general basis of Thomas Malthus’s theories was that providing any social assistance to the very poor would be futile, as the recipients would waste the help they received.

1/ Rather than spending money received on bettering their circumstances (education, etc.), Malthus believed recipients would instead buy alcohol. And even if their situation did improve, the recipients would have more children until they once again had too many mouths to feed.

Feb 22, 2023 15 tweets 4 min read
Gentle reminder that Roxham Road is closed. It is not, and has not been for many years, a port of entry. The road does not cross the border, as Google Streetview shows.

1/ Google Streetview of 339 Roxham Road looking south just wher The reason why asylum seekers cross at Roxham Road is *because* it is closed and not a port of entry. If it were a port of entry, they would be turned back/denied entry as a result of the Safe Third Country Agreement, which only applies at land ports of entry.

Jan 2, 2023 7 tweets 2 min read
Official releases from Elections Alberta won’t confirm this for some time. But the numbers indicated below are staggering.

#ableg #abpoli

1/ In 2021, the NDP took in $2,090,744 in donations in Q4, putting its annual total to $6,152,004. It raised $2,322,450 in 2020Q4 and $5,059,538 for the whole year.

The 2022Q4 and annual totals show significant gains.

Nov 30, 2022 16 tweets 3 min read
By unpopular demand, a (🧵) background explainer for what a "Henry VIII clause" is (as this phrase is being bandied about a lot at the moment).
#ableg #abpoli #cdnpolitics

1/16 In our system of government, the legislature (or Parliament, federally) enacts the laws. Formally, His Majesty only makes laws "by and with the advice and consent of the Legislative Assembly [of Province]."

Nov 6, 2022 25 tweets 5 min read
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).

(🧵) #skpoli #cdnpoli #Saskatchewan

1/ 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.

Nov 6, 2022 4 tweets 2 min read
We depend on your help to ensure our continued existence. Please send cookies to your local panda, and also make sure to support education workers. Nailed it. Although, TBH, 30 seconds after the video ended, I was sick.
Nov 4, 2022 7 tweets 3 min read
This is not about “keeping kids in classrooms.” It’s about imposing a contract that is not fair or equitable.

#ontedsolidarity #CUPESolidarity #onted #ontpoli 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.

Oct 29, 2022 6 tweets 2 min read
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.

1/3 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.

Oct 28, 2022 4 tweets 2 min read
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.

#ableg #abpoli
1/4 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.

Oct 27, 2022 11 tweets 4 min read
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.

Oct 10, 2022 5 tweets 2 min read
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.

1/5 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.

Oct 6, 2022 15 tweets 3 min read
Every time you pay by credit card, a percentage of the payment, called a swipe fee, is taken from the amount, reducing what goes to the merchant. The swipe fee varies, but can be 2.4% in many cases. By way of contrast, the swipe fee for payment by debit cards is very low.

1/15 The bulk of the swipe fee, called interchange, goes to the credit card issuer (banks and some other financial institutions). It is a lucrative part of their business. IIRC, interchange amounts to several billion dollars each year in Canada.

Oct 4, 2022 12 tweets 5 min read
This is a pretty slick production, but it is not entirely accurate. A few points to note where @AndrewScheer has gone wrong. (🧵).

TL;dr: The Bank probably wasn't perfect, but Mr Scheer's characterization of what it did is largely wrong.
#cdnpoli #cdnecon

1/12 First, Mr Scheer takes issue with the Bank of Canada's claim that it did not "flood" the economy with "billions of dollars of new currency."

Except that this claim is correct. There was not a major increase in the amount of currency. The money printer was not going "brrr".

Sep 7, 2022 20 tweets 4 min read
(🧵) As we have been provided more information, I am now able to provide a more fulsome response, including my own FAQ to the Alberta Sovereignty Act.

#ableg #abpoli #ucpldr

1/10 Overview: many people with knowledge of constitutional law, including law professors, have raised concerns that the ASA will be unconstitutional. My hope is that Ms Smith's overview will take a thoughtful look at those criticisms and join the growing number opposed to it.

Sep 6, 2022 7 tweets 3 min read
Gentle reminder that courts can, among other things, order an interlocutory stay on the application of a law/measure. In other words, a law would not operate until the courts have determined if it is valid. So, @ABDanielleSmith's examples are wrong.

#ableg #abpoli #ucpldr
1/ Under option 2, the Province, after filing its initial court application challenging the federal law/measure, could file a motion for the interlocutory stay. This would be heard and decided very quickly (usually within a few weeks of the initial court application).

Sep 4, 2022 7 tweets 3 min read
@dubsndoo This fantasy Quebec that Alberta sovereignists believe exists sounds so much better than the reality.

QC calls its own shots in taxation!

Yeah, after you fill out and pay federal taxes, you start again from scratch for Revenu Québec. It ain’t no simple add-on to CRA forms.

@dubsndoo QC has a Quebec Pension Plan!

It does. It isn’t materially different than the CPP in terms of premiums and benefits. Of course, the CDP will make some investments motivated by political concerns, not financial returns, unlike the CPPIB. It’s not sound investing, but hey.

Sep 2, 2022 7 tweets 2 min read
I have questions.
1. How is this enforced? Will courts strike down laws that aren’t “as simple as possible”?
2. What happens if a law is written in pretty simple language but could be simpler? Do we allow some room for close enough, or does it have to be redone? 3. All federal legislation is bilingual, and also must reflect the bijural nature of our country. What happens if the only way to make the English version simpler makes the French version more complicated (or vice versa)?