Use federal powers
Re: Justin Trudeau must ensure pipeline, John Ivison, April 12
With respect, B.C’s conduct does not create the kind of civil “public order emergency” contemplated by the federal Emergencies Act. B.C.’s rogue constitutional misbehaviour is better dealt with by the federal disallowance power.
Section 55 of the Constitution permits Ottawa, by Order-in-Council, to unilaterally disallow any provincial law. No debate, no court cases. Done deal.
The obvious, sensible thinking behind this “nuclear option” federal power is that in a national emergency, which everyone agrees we have here, parochial, local interests should never be allowed to supersede and seriously harm the national interest.
The disallowance power was exercised many times in Canada’s early, nationbuilding days, particularly to facilitate the construction of the Canadian Pacific Railway and the immigrant settlement of the Prairies.
Ironically here, the last time it was used was in 1943 to disallow an Alberta law deemed by Ottawa to be contrary to the national war interest.
The Trudeau government must finally start to show some moral courage and act in the national interest to preserve the country, regardless of the political consequences.
The disallowance power is there for this very kind of situation. Use it! Peter Best, Sudbury, Ont.