Time in Canada to debate whether notwithstanding clause should exist, says Liberal MP | Canada News Media
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Time in Canada to debate whether notwithstanding clause should exist, says Liberal MP

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A Liberal MP from Montreal says it is for the country to debate whether the notwithstanding clause should be on the books.

Sameer Zuberi’s comments come after a week where the Bloc Québécois forced parties in the House of Commons to vote on whether they felt provinces had the legitimate right to use the constitutional power however they wanted, including pre-emptively.

Both the Liberals and federal New Democrats voted down the motion to defeat it, while the Conservatives supported the Bloc’s call.

The notwithstanding clause is a provision in the Charter of Rights and Freedoms that allows provincial and federal governments to pass laws that circumvent parts of the Charter for a period of up to five years.

While it’s not new, debate around its use has heated up in recent years as provinces such as Ontario and Quebec have invoked it pre-emptively, effectively preventing anyone from launching a legal challenge in court.

Quebec Premier Francois Legault’s government used it pre-emptively to usher in his government’s secularism law, known as Bill 21, which prohibits public servants in positions of authority from wearing religious symbols on the job.

“When you have the usage of the notwithstanding clause being enacted in such a way that it eliminates rights from people, then it calls into question the very clause itself,” Zuberi said.

Prime Minister Justin Trudeau has criticized the pre-emptive use of the provision and during a 2021 interview told The Canadian Press he shares the disdain his father, former prime minister Pierre Trudeau, had for its place in the charter. It was a demand from provinces the elder Trudeau acquiesced to during the 1982 constitutional negotiations.

But that is as far as the current prime minister has gone in his criticisms. Zuberi stopped short of directly calling for the Liberal government to reopen the Charter, saying only “there should be a debate within society, and also within governments on this issue.”

Asked about the possible implications of revisiting contentious constitutional negotiations, particularly when Canada is facing issues such as high inflation, Zuberi said “just because this subject is complicated, doesn’t mean that we should shy away from approaching it.”

Zuberi currently sits as a backbench member of the government, first elected in 2019 in the reliably Liberal riding of Pierrefonds—Dollard in Montreal.

As the only Muslim MP in Quebec, Zuberi said he knows his comments around Bill 21, which he opposes, are perceived differently.

And although he believes Quebecers’ view of the law is changing, he believes it is important to tell those affected that they could be in for a long battle.

Earlier in the week, he told a Senate committee studying the issue of Islamophobia that he sees the five-year sunset rule on the clause’s application as a chance for the law to be revisited, expressing hope it could fall in the next 10 to 15 years.

“We need to be realistic and not pretend things aren’t as they are,” he said, saying if the law does not fall through the courts, the only other recourse is at the ballot box.

The Quebec Court of Appeal is expected to release a ruling on the constitutionality of Legault’s use of the notwithstanding clause to enact the law, challenged by several civil liberties groups and the National Council of Canadian Muslims. A 2021 ruling by Superior Court Justice Marc-André Blanchard said while the law had “cruel” and “dehumanizing” consequences, it was mostly legal.

Trudeau has committed to intervene in the case if it arrives at the Supreme Court of Canada.

National Council of Canadian Muslims CEO Stephen Brown said Friday he believes the court challenge will be successful, but said it is “absolutely necessary” to convene lawmakers, activists and other members of civil society to examine the clause itself.

Zuberi said his message when he speaks to those affected by the legislation is to stay engaged.

“We obviously hope that legislation will fall through the courts in the short term, but it’s possible that this might not happen” he said.

“People have to understand that and be prepared for that midterm struggle. And I think it’s a disservice for those who are directly impacted to not understand that.”

This report by The Canadian Press was first published Feb. 18, 2023.

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Parliament returns amid partisan wrangling, rumblings about Trudeau’s leadership

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OTTAWA – The House of Commons returns today from a week-long break, but it’s unlikely to be business as usual.

Members of Parliament are slated to resume debating a Conservative demand for documents about federal spending on green technology projects.

The matter of privilege has all but paralyzed House business as the Liberals try to maintain a grip on an increasingly fractious minority Parliament.

On Wednesday, Prime Minister Justin Trudeau is expected to face the most serious challenge to his leadership to date.

Several media reports have detailed the plans of a group of Liberal MPs to confront Trudeau at the party’s Wednesday caucus meeting over sagging poll numbers and gloomy electoral prospects.

The precise strategy and breadth of the attempt to push Trudeau to resign remain unclear, though some MPs who spoke to The Canadian Press on background said the number of members involved is significant.

Trudeau could sidestep both problems by taking the controversial step of proroguing Parliament, which would end the session and set the stage for a fresh throne speech.

Some political watchers have mused the move would allow time for a Liberal leadership race if Trudeau were to step down.

The prime minister also plans to soon shuffle his cabinet to replace four ministers who don’t plan to run again in the next election.

A general election is scheduled to be held in October next year, but could come sooner if the Liberals lose the confidence of the House.

This report by The Canadian Press was first published Oct. 21, 2024.

— With files from Laura Osman

The Canadian Press. All rights reserved.

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Harris tells Black churchgoers that people must show compassion and respect in their lives

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STONECREST, Ga. (AP) — Kamala Harris told the congregation of a large Black church in suburban Atlanta on Sunday that people must show compassion and respect in their daily lives and do more than just “preach the values.”

The Democratic presidential nominee’s visit to New Birth Missionary Baptist Church in Stonecrest on her 60th birthday, marked by a song by the congregation, was part of a broad, nationwide campaign, known as “Souls to the Polls,” that encourages Black churchgoers to vote.

Pastor Jamal Bryant said the vice president was “an American hero, the voice of the future” and “our fearless leader.” He also used his sermon to welcome the idea of America electing a woman for the first time as president. “It takes a real man to support a real woman,” Bryant said.

“When Black women roll up their sleeves, then society has got to change,” the pastor said.

Harris told the parable of the Good Samaritan from the Gospel of Luke, about a man who was traveling from Jerusalem to Jericho and was attacked by robbers. The traveler was beaten and left bloodied, but helped by a stranger.

All faiths promote the idea of loving thy neighbor, Harris said, but far harder to achieve is truly loving a stranger as if that person were a neighbor.

“In this moment, across our nation, what we do see are some who try to deepen division among us, spread hate, sow fear and cause chaos,” Harris told the congregation. “The true measure of the strength of a leader is based on who you lift up.”

She was more somber than during her political rallies, stressing that real faith means defending humanity. She said the Samaritan parable reminds people that “it is not enough to preach the values of compassion and respect. We must live them.”

Harris ended by saying, “Weeping may endure for a night, but joy cometh in the morning,” as attendees applauded her.

Many in attendance wore pink to promote breast cancer awareness. Also on hand was Opal Lee, an activist in the movement to make Juneteenth a federally recognized holiday. Harris hugged her.

The vice president also has a midday stop at Divine Faith Ministries International in Jonesboro with singer Stevie Wonder, before taping an interview with the Rev. Al Sharpton that will air later Sunday on MSNBC. The schedule reflects her campaign’s push to treat every voting group like a swing state voter, trying to appeal to them all in a tightly contested election with early voting in progress.

Harris’ running mate, Minnesota Gov. Tim Walz, headed to church in Saginaw, Michigan, and his wife, Gwen, was going to a service in Las Vegas.

The “Souls to the Polls” effort launched last week and is led by the National Advisory Board of Black Faith Leaders, which is sending representatives across battleground states as early voting begins in the Nov. 5 election.

“My father used to say, a ‘voteless people is a powerless people’ and one of the most important steps we can take is that short step to the ballot box,” Martin Luther King III said Friday. “When Black voters are organized and engaged, we have the power to shift the trajectory of this nation.”

On Saturday, the vice president rallied supporters in Detroit with singer Lizzo before traveling to Atlanta to focus on abortion rights, highlighting the death of a Georgia mother amid the state’s restrictive abortion laws that took effect after the U.S. Supreme Court, with three justices nominated by Donald Trump, overturned Roe v. Wade.

And after her Sunday push, she will campaign with former U.S. Rep. Liz Cheney, R-Wyo., in the suburbs of Pennsylvania, Michigan, and Wisconsin.

“Donald Trump still refuses to take accountability, to take any accountability, for the pain and the suffering he has caused,” Harris said.

Harris is a Baptist whose husband, Doug Emhoff, is Jewish. She has said she’s inspired by the work of the Rev. Martin Luther King Jr., and influenced by the religious traditions of her mother’s native India as well as the Black Church. Harris sang in the choir as a child at Twenty Third Avenue Church of God in Oakland.

“Souls to the Polls” as an idea traces back to the Civil Rights Movement. The Rev. George Lee, a Black entrepreneur from Mississippi, was killed by white supremacists in 1955 after he helped nearly 100 Black residents register to vote in the town of Belzoni. The cemetery where Lee is buried has served as a polling place.

Black church congregations across the country have undertaken get-out-the-vote campaigns for years. In part to counteract voter suppression tactics that date back to the Jim Crow era, early voting in the Black community is stressed from pulpits nearly as much as it is by candidates.

In Georgia, early voting began on Tuesday, and more than 310,000 people voted on that day, more than doubling the first-day total in 2020. A record 5 million people voted in the 2020 presidential election in Georgia.

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This story has been corrected to reflect that the mobilization effort launched last week, not Oct. 20.

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NDP and B.C. Conservatives locked in tight battle after rain-drenched election day

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VANCOUVER – Predictions of a close election were holding true in British Columbia on Saturday, with early returns showing the New Democrats and the B.C. Conservatives locked in a tight battle.

Both NDP Leader David Eby and Conservative Leader John Rustad retained their seats, while Green Leader Sonia Furstenau lost to the NDP’s Grace Lore after switching ridings to Victoria-Beacon Hill.

However, the Greens retained their place in the legislature after Rob Botterell won in Saanich North and the Islands, previously occupied by party colleague Adam Olsen, who did not seek re-election.

It was a rain-drenched election day in much of the province.

Voters braved high winds and torrential downpours brought by an atmospheric river weather system that forced closures of several polling stations due to power outages.

Residents faced a choice for the next government that would have seemed unthinkable just a few months ago, between the incumbent New Democrats led by Eby and Rustad’s B.C. Conservatives, who received less than two per cent of the vote last election

Among the winners were the NDP’s Housing Minister Ravi Kahlon in Delta North and Attorney General Niki Sharma in Vancouver-Hastings, as well as the Conservatives Bruce Banman in Abbotsford South and Brent Chapman in Surrey South.

Chapman had been heavily criticized during the campaign for an old social media post that called Palestinian children “inbred” and “time bombs.”

Results came in quickly, as promised by Elections BC, with electronic vote tabulation being used provincewide for the first time.

The election authority expected the count would be “substantially complete” by 9 p.m., one hour after the close of polls.

Six new seats have been added since the last provincial election, and to win a majority, a party must secure 47 seats in the 93-seat legislature.

There had already been a big turnout before election day on Saturday, with more than a million advance votes cast, representing more than 28 per cent of valid voters and smashing the previous record for early polling.

The wild weather on election day was appropriate for such a tumultuous campaign.

Once considered a fringe player in provincial politics, the B.C. Conservatives stand on the brink of forming government or becoming the official Opposition.

Rustad’s unlikely rise came after he was thrown out of the Opposition, then known as the BC Liberals, joined the Conservatives as leader, and steered them to a level of popularity that led to the collapse of his old party, now called BC United — all in just two years.

Rustad shared a photo on social media Saturday showing himself smiling and walking with his wife at a voting station, with a message saying, “This is the first time Kim and I have voted for the Conservative Party of BC!”

Eby, who voted earlier in the week, posted a message on social media Saturday telling voters to “grab an umbrella and stay safe.”

Two voting sites in Cariboo-Chilcotin in the B.C. Interior and one in Maple Ridge in the Lower Mainland were closed due to power cuts, Elections BC said, while several sites in Kamloops, Langley and Port Moody, as well as on Hornby, Denman and Mayne islands, were temporarily shut but reopened by mid-afternoon.

Some former BC United MLAs running as Independents were defeated, with Karin Kirkpatrick, Dan Davies, Coralee Oakes and Tom Shypitka all losing to Conservatives.

Kirkpatrick had said in a statement before the results came in that her campaign had been in touch with Elections BC about the risk of weather-related disruptions, and was told that voting tabulation machines have battery power for four hours in the event of an outage.

— With files from Brenna Owen

This report by The Canadian Press was first published Oct. 19, 2024.

The Canadian Press. All rights reserved.

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