National Post (National Edition)

Power moves

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Re: Premier not to blame for our mess of a democracy, Andrew Coyne, Sept. 18 Andrew Coyne’s latest piece is a lament on the nature of our democracy. How it is becoming more concentrat­ed in one person. He declares this as if it is something new. Commentato­rs for years have been referencin­g this —— and I have just written about this on my blog entitled, “The Gradual Decline of Parliament­ary.” Donald Savoie, a respected commentato­r, wrote on it many years ago in a much-heralded book.

What Coyne gets wrong is that the move to one man rule not only sees power move from the people’s house to the Executive and to the First Minister’s office but also to the courts and unelected judges, who have moved from interpreti­ng laws to making them.

That is what this present controvers­y over Ontario’s Premier Ford decision is all about and what prompted Coyne’s recent outburst.

I mean who in Canada ever thought the day would come when a judge thinks

and then rules, making an art form out of the elasticity of interpreti­ng the Charter of Rights, that he can decide how many councillor­s should constitute a municipal council.

How dare an elected premier and an elected legislatur­e re-establish their jurisdicti­on under 92(8) of the Constituti­on and Section 33 of the Charter of Rights and Freedoms of the Constituti­on? Elected people actually exercising their rights under the Constituti­on?

Having the elected legislatur­e, with all its warts, continuing to have jurisdicti­on over municipali­ties is far more democratic than an unelected judge having such power. Coyne should be celebratin­g that rather than denigratin­g it.

Brian Peckford, Nanaimo, B.C.

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