Nullification Trepidation

Nullification Trepidation

Edmonton - Thursday, August 1, 2002 - by: Ron Thornton

US
1830's
It is said that those who ignore history are destined to repeat it. Here in Canada, we try to go a step further by ignoring the past in order to make the mistakes history avoided. In the festering political situation in the 1830's between the southern U.S. states and their northern neighbours, the idea of nullification gained steam under Vice-President John C. Calhoun. The South's leading spokesman proposed, unsuccessfully, that any state unwilling to abide by a law enacted by the national government could nullify it within its borders. Sound familiar?

opt
out
Section 33 of our Canadian Charter of Rights and Freedoms, the infamous 'notwithstanding clause' allows Parliament or a provincial legislature to pass an Act that

"shall operate notwithstanding a provision included in"

those sections regarding fundamental freedoms, legal rights, and equality rights. In other words, any government can opt out for a renewable five year period.

Trudeau
legacy
This poses the real possibility of a nation with a quilt-work system of laws. Where Alberta could opt out of same-sex marriages, Ontario could force religious institutions to sanction same-sex marriages. More disturbingly, Section 33 also allows the federal government to legally outlaw freedom of the press, peaceful assembly, allow unreasonable search or seizure, suspend the right to habeas corpus and trail by jury. Such is the legacy left to us by Pierre Trudeau.

restoration
of
democracy
In our distrust of our federal government and its courts, we have not only institutionalised the concept of nullification, but we have unwittingly embraced the advent of dictatorship. No wonder so many believe our nation's institutions require an immediate overhaul to ensure a return to democratic principles and a truly national form of governance.

Ron Thornton

References:

JOHN C. CALHOUN and NULLIFICATION
http://gi.grolier.com/presidents/ea/vp/vpcal.html

CANADIAN CHARTER OF RIGHTS AND FREEDOMS
http://laws.justice.gc.ca/en/charter/



Nullification Trepidation

Edmonton - Thursday, August 1, 2002 - by: Ron Thornton
US 1830's	It is said that those who ignore history are destined to repeat it. Here in Canada, we try to go a step further by ignoring the past in order to make the mistakes history avoided. In the festering political situation in the 1830's between the southern U.S. states and their northern neighbours, the idea of nullification gained steam under Vice-President John C. Calhoun. The South's leading spokesman proposed, unsuccessfully, that any state unwilling to abide by a law enacted by the national government could nullify it within its borders. Sound familiar?

opt out	Section 33 of our Canadian Charter of Rights and Freedoms, the infamous 'notwithstanding clause' allows Parliament or a provincial legislature to pass an Act that
	`"shall operate notwithstanding a provision included in"`
	those sections regarding fundamental freedoms, legal rights, and equality rights. In other words, any government can opt out for a renewable five year period.

Trudeau legacy	This poses the real possibility of a nation with a quilt-work system of laws. Where Alberta could opt out of same-sex marriages, Ontario could force religious institutions to sanction same-sex marriages. More disturbingly, Section 33 also allows the federal government to legally outlaw freedom of the press, peaceful assembly, allow unreasonable search or seizure, suspend the right to habeas corpus and trail by jury. Such is the legacy left to us by Pierre Trudeau.

restoration of democracy	In our distrust of our federal government and its courts, we have not only institutionalised the concept of nullification, but we have unwittingly embraced the advent of dictatorship. No wonder so many believe our nation's institutions require an immediate overhaul to ensure a return to democratic principles and a truly national form of governance.

	Ron Thornton

*References:*
	JOHN C. CALHOUN and NULLIFICATION http://gi.grolier.com/presidents/ea/vp/vpcal.html

	CANADIAN CHARTER OF RIGHTS AND FREEDOMS http://laws.justice.gc.ca/en/charter/