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The least democratic aspects of Canada's Constitution may provide the best defence of our election process – CBC.ca

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This column is an opinion by Eric M. Adams, vice dean and professor of law at the University of Alberta, Faculty of Law, where he teaches and researches Canadian constitutional law. For more information about CBC’s Opinion section, please see the FAQ.

Democracies are not made on election day. As recent events in the United States remind us, it is what happens just after elections that can cause democracies to face their greatest challenge. The capacity to change power peacefully and uneventfully is the triumph of democratic government, and a value we lose at our peril.

It was only ever a faint hope that President Donald Trump would accept losing the U.S. election with muted resignation, let alone the dignity that has defined the transfer of presidential power.

Fuelled by narcissism, indecency, and indifference to fundamental democratic norms, President Trump’s dangerous accusations of a stolen election, fraudulent mail-in votes, and corrupt state electoral institutions were part of a calculated strategy long in the making to inflame his base of ardent supporters. “This is going to be a fraud like you’ve never seen,” President Trump claimed about mail-in voting during the presidential debate at the end of September, a baseless theme Trump returned to frequently throughout the election campaign.

As election results began to turn in Biden’s favour, the president simply switched on the spooky lights of a house of horrors he had already built. The predictable results of fear, suspicion, mistrust, and conspiracy now playing out on American streets and the more crowded digital highways of social media only further corrode the public trust essential to the democratic process. Once spilled, the poison of mistrust is difficult to put back in the bottle.

The Trump campaign has launched a lawsuit challenging election results in Michigan, while the White House continues to keep president-elect Joe Biden’s transition team in limbo. 1:50

The sobering experience of watching these events unfold from Canada provides a moment to appreciate the elements of the Canadian Constitution that govern the transfer of power.

Like the United States, Canada has a constitutionally protected right to vote. “The right of every citizen to vote lies at the heart of Canadian democracy,” as the Supreme Court of Canada recently stated.

But that right is only as meaningful as the processes that surround it.

One hundred years ago, Parliament had the foresight to create what would become Elections Canada. This was done in order to remove Canada’s federal electoral process from the possibility of partisan government control, and to establish an independent body of experts to register voters and administer professional elections. That independence matters today more than ever.

But even the fairest of elections can be undermined if political leaders attack their legitimacy.

In the United States, this is especially so when the attacks issue directly from the Office of the President.

U.S. Secretary of State Mike Pompeo told reporters Tuesday he expects ‘there will be a smooth transition to a second Trump administration’ and repeated the president’s message to count every ‘legal’ vote, despite no evidence voter fraud occurred during the presidential election. 1:33

Such a nightmare in Canada – a prime minister claiming victory without foundation, or attacking an electoral process with wild conspiracies – seems improbable, but many would have thought similarly about the United States not very long ago.

As it turns out, the least democratic aspects of Canada’s Constitution may provide the best defence against such possibilities.

While Article II of the American Constitution places the full weight of both symbolic and actual executive power directly in the hands of an elected president, section 9 of Canada’s Constitution Act 1867 stipulates that the “Executive Government and Authority of and over Canada is hereby declared to continue to be vested in the Queen.”

Not exactly an inspiring theory of democratic rule. Or so it may seem.

Unlike the United States, the Canadian Constitution divides symbolic from actual executive authority.

Unlike the United States, the Canadian Constitution divides symbolic from actual executive authority.

Canadian elections do not change the symbolic executive, because that position is perpetually occupied by the Crown. In electing a Parliament, Canadian elections do determine by democratic means who may advise the Crown and govern in its name. The holder of that power is the leader of the political party commanding a majority of support in the House of Commons.

As the Crown’s representative, the Governor General supervises that process by doing very little, because Canada’s political leaders understand and are constrained by the constitutional rules that govern them.

A rogue prime minister may tweet invective and lies, pronounce false victories or refuse to cede power. However, they would do so in a constitutional system that holds them accountable to Parliament and, in extreme situations, to a Governor General with the discretion to refuse to comply with the unconstitutional advice of a prime minister gone truly bad.

Donald Trump and most of his team still refuse to admit that the Republican president lost last Tuesday’s U.S. election, resisting the usual transitional protocols. Joe Biden calls it embarrassing, as he prepares to move into the White House in January. 2:03

America will withstand this latest erosion of its democratic foundations, but whether it emerges from Trumpism strengthened or weakened by the experience remains to be seen.

As various court challenges sputter in the weeks to come, there is hope that the words Justice Robert Jackson of the United States Supreme Court wrote nearly 70 years ago remain as true today: “With all its defects, delays and inconveniences, [people] have discovered no technique for long preserving government except that the Executive be under the law, and that the law be made by parliamentary deliberations. Such institutions may be destined to pass away. But it is the duty of the Court to be last, not first, to give them up.”

As for Canada, an independent electoral process and parliamentary system of accountability that divides symbolic and actual executive authority has served our constitutional democracy well. Protecting those structures, and the constitutional law that gives them life, from the forces of illiberalism and authoritarianism is a responsibility that falls on all of us.


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A year into job as head of Hockey Canada, Henderson says hockey healthier

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CALGARY – Hockey Canada president and chief executive officer Katherine Henderson says the organization and the sport are headed in healthier directions since she inherited a body in crisis just over a year ago.

Henderson took over Sept. 4, 2023 after seven years as Curling Canada’s CEO.

Arguably the most powerful amateur sport organization in the country, Hockey Canada was, and is still, answerable for its conduct in an alleged sexual assault by members of the 2018 Canadian junior men’s hockey team at a gala in London, Ont., in June of that year.

The allegations have not been proven in court. Five players, all who went on to play in the NHL, go before a jury trial next year.

Revelations in 2022 that Hockey Canada used a portion of minor hockey fees to settle lawsuits in other similar cases ignited a firestorm that illuminated other problems such as racism, hazing, discrimination and homophobia in hockey, and cost the organization money in lost sponsorship.

Enter Henderson, who shouldered the mission of culture change both in Hockey Canada and in hockey in Canada. A new board of directors was struck within weeks of her onboarding.

“‘Daunting’ was the word I think walking in and I don’t think I’ve walked away from that,” Henderson said Friday. “It’s still daunting. I’m quite hopeful that we can make some very significant change and be the Hockey Canada and the sport of hockey that Canadians trust us to be and want us to be.

“I think we can earn that trust back.”

A Beyond The Boards Summit in Calgary, held within Henderson’s first official week on the job, examined toxic masculinity in elite men’s hockey as a root cause of racism, sexism, homophobia and discrimination in the sport.

Another summit exploring misogyny, sexism, homophobia and transphobia is scheduled for Nov. 14-15 in Ottawa.

“The healthier part of this is listening and thinking through what those things are that maybe aren’t healthy,” Henderson said. “I’m not sure I’ve solved it in a year, but I’ve certainly taken a lot of significant steps to say I want to understand it and what I can solve in the short term, I’m absolutely willing to do that.”

Henderson said she received a message after the Calgary summit from a northern Ontario hockey mom who demanded a sign that said “what happens in the dressing room, stays in the dressing room” be removed from her son’s team’s dressing room.

“There’s a perfect example of people listening to some of the things we are doing and then taking it upon themselves to say ‘I’m part of this too, I’m part of a movement that wants things to be better,'” Henderson said.

Publishing a financial statement, a maltreatment report and a detailed breakdown of where minor hockey fees are spent on Hockey Canada’s website were among initial overtures at transparency under Henderson.

How player intake programs, coach training and safe sport policies fostered respectful behaviour went under the microscope, she said.

“What we weren’t seeing was behaviour change, and that’s really the whole point of it. If that’s true, how do we make our education programs better for coaches, for trainers, for parents, for players?,” Henderson asked. “If education is going to be a big part of this and we want behaviour change, then we need to ask ourselves, is this good enough? What we’ve found out over the years is no, it’s not, so let’s replace it with things that are better.”

While over 100,000 women and girls are involved in hockey as players, officials and coaches for the first time, Henderson points out that still represents 20 per cent of membership.

“I’m not sure that’s good enough. When you look at fandom and how people play sport, it should be much higher than that,” she said.

Changes that Henderson makes will be in the shadow of an impending trial that will likely rivet the country’s attention.

Hockey Canada’s determination on whether players on the 2018 team breached the organization’s code of conduct and what sanctions might ensue is stalled. An independent appeal board has adjourned an appeal hearing until after the trial.

“We just took the advice, as did the players, the advice of the adjudicated panel that they were going to pause the appeal,” Henderson said. “We have to accept that as well. It’s an independent party that is looking at this.”

All members of the 2018 world junior team remain suspended from representing Canada internationally, Henderson said.

There was a process, however, that made defenceman Cale Makar eligible to play for Canada in the NHL’s 4 Nations Face-Off in February, and in the 2026 Olympic Games if he is selected.

“After being nominated by the Team Canada management group for consideration to play in the 4 Nations Face-Off, Cale Makar participated in an additional third-party review of the allegations regarding Canada’s National Junior Team in 2018 and was cleared to participate in the tournament and future international events,” Hockey Canada said in a statement.

Henderson acknowledged Canadians will be interested in the trial and its outcome.

“It’s of huge interest and we can certainly see people are following that along, but at the same time, I think there’s a tremendous amount of interest in what are we doing to make the game better?” Henderson said.

“Hockey is healthier, because I think we’ve stated accountability and transparency, and we started to act on that. A lot of that is telling people what we’re doing and then doing it.”

This report by The Canadian Press was first published Sept. 20, 2024.



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‘Last hurrah’: Memorial service for Calgary children’s entertainer Buck Shot

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CALGARY – It was the last show for longtime children’s TV star Ron (Buck Shot) Barge Friday as hundreds of family, friends and fans attended a public memorial in Calgary.

For 30 years, Buck Shot and his sidekick Benny the Bear entertained Calgarians with songs, puppets, the birthday book and his nifty battered cowboy hat.

Barge died at home last month just 10 days short of his 88th birthday.

The memorial began at noon — the same time “The Buck Shot Show” would air in southern Alberta.

“I think in our heart of hearts if we didn’t have to do this for him we wouldn’t do it this big, but he was a showman. He was an entertainer,” said his son Ken.

“You just want him to have this joy in this last hurrah. It’s been such a reawakening of who my dad was because it’s been a lot of years since he was Buck Shot.”

“Buck Shot” was one of the longest running children’s shows in Canada, surpassing “Mr. Dressup,” which ran for 29 years, and “The Friendly Giant,” which aired for 27.

Barge was asked to develop the show when he was a cameraman and floor director at CFCN in Calgary. He had a knack for interviewing kids in the audience and getting heartfelt responses.

“What you saw on TV was what he was at home. He wasn’t pretentious. He didn’t talk down to people. He just talked and everybody was his friend,” said his son.

One of Barge’s friends, longtime Calgary TV weatherman Jimmy Hughes, said Buck Shot was hugely popular.

“Buck Shot was and always will be the most loved and successful television personality in the history of Calgary,” said Hughes.

“Besides being the best, he had the perfect plan … he started indoctrinating his fan base when they were four and five years old. Why didn’t I think of that?”

The show ran from 1967 to 1997, but Barge continued in his role making special appearances at events.

“We’re blessed to have everybody come today and it’s a great way to say goodbye to my daddy,” said his daughter Brenda Barge.

Benny the Bear, Buck Shot’s old guitar and a Calgary Flames jersey with “Buck Shot” written across the back were on the stage during the service. His family and most of those attending were also wearing Flames jerseys.

“We put out the request because my daddy was a Flames fan from day one. Just for Dad we would have the ‘C of Red’ so we asked people.”

A musician most of his life, Barge played in bands from the time he was 16. He played piano and sang with the Stardells for more than 20 years in Calgary.

His family said he loved the show and the character he created. Since the show was done live, it led to a number of pranks being played by people working on it.

“The birthday book was the primary target and the hired hands would put either a bad joke or a bad picture or something that was not appropriate for children’s television and my dad would have to keep a straight face while he was holding that stupid book,” said Ken Barge.

This report by The Canadian Press was first published Sept. 20, 2024.

The Canadian Press. All rights reserved.



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Welcome back sprinklers: Calgary on track to ease water restrictions Sunday

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CALGARY – Lawn sprinklers could make a comeback in Calgary on Sunday if all goes well with the restart of a troubled water pipe.

Francois Bouchart, the city’s director of capital priorities and investment, says it has finished refilling the massive Bearspaw South Feeder Main after almost a month of repairs.

Final water-quality tests have been sent off to a lab and, if they come back clean, work should begin Saturday on stabilizing the system and reconnecting the newly repaired pipe.

Bouchart says it’s likely some Calgarians may have cloudy or chlorine-smelling water coming out of their taps while the pipe is being reconnected, but it’s safe to drink and will resolve quickly.

He says that based on the progress so far, the city is on track to lift its water-use restrictions some time on Sunday.

Since late August, there has been a ban on any outdoor water use with potable supplies, and Calgarians have been urged to take shorter showers, skip toilet flushes and hold off on laundry and dishes.

“I thank you for your water saving efforts,” Bouchart told a news conference Friday, as he reported the city used a sustainable amount of water a day earlier.

It’s the second round of water rationing since the feeder main in northwest Calgary burst in early June.

Most restrictions had been eased when, in early August, the city announced the more than 10-kilometre line would have to be taken out of service again to fix several trouble spots that had been discovered. Residents were again told they’d have to cut their water use.

This report by The Canadian Press was first published Sept. 20, 2024.

The Canadian Press. All rights reserved.



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