The Federal Court's Emergencies Act decision is happy vindication for those who care about the Constitution
Federal use of Emergencies Act against Convoy protestors found illegal
The rule of law prevails in Emergencies Act debacle
Federal use of Emergencies Act against Convoy protestors found illegal
The rule of law prevails in Emergencies Act debacle
To be clear, nobody with eyes can deny that a horrifying humanitarian catastrophe is happening in Gaza. This is substantially due to the fact that Israel is fighting an enemy which launches rockets from apartment balconies, holds hostages in hospitals, and establishes command centres out of UN schools. It is Hamas, not Israel, that insists things be so.
The proposition upheld by the Divisional Court—that fear of burdening racialized candidates should lead the government to scrap a test meant to boost poor math scores throughout public schools—represents a nadir of bigotry of low expectations and threatens to entrench poor math outcomes for all students.
Ontario NDP MPP Sarah Jama’s censure and removal from caucus are not free speech issues due to the intricacies of parliamentary privilege. Whether these were advisable steps to take is another matter entirely.
Acknowledging the rights of Hamas sympathizers to gather and protest does not mean we should lessen our vigilance in denouncing and tracking them. Quite the contrary.
While the allegations of Brand are serious and credible, they must be tested by the adversarial process and under the standard of proof beyond a reasonable doubt. The same government that has the power to put Brand in shackles cannot pre-emptively pressure private platforms to deprive him of his livelihood.
It is governments and not the judiciary that can rightfully commit itself to a policy as onerous as a “right to shelter”. It is the City that must assess whether to slash other social programs, request federal funding, raise taxes, or decide the policy is simply no longer viable.
It’s difficult to see how Israel could settle on a written constitution amid the current turmoil. If the Court invalidates Netanyahu’s reforms, as it is widely rumoured to be inclined to do, it’s difficult to see how Israeli society will recover from the crisis.
Preferring Black or Latino students may make these specialized programs look more representative, but it’s not clear how they promote substantive equality. Asian Canadians get punished despite being historically disadvantaged themselves.
Besides being unconstitutional, such a law would be thoroughly illiberal and ill-advised. It raises the spectre of driving anti-Indigenous racism underground, where it will flourish away from the disinfecting influence of open discourse.