nfotxn: (Default)
[personal profile] nfotxn
As most have probably heard it is indeed official: Canadians vote January 23rd, 2006.

And already Steven Harper, leader of the Conservative Party, has vowed to call an open house vote re-opening the issue of the Civil Marriage Act aka Same-Sex Marriage Bill.

Except somebody hasn't really explained to Harper that this is kinda part of our constitution I know that hasn't really stopped the Republican party in the USA. But I would argue that our present political climate and system of governance is pretty well equipped to prevent that kind of democratic sabotage. That is barring a land-slide Conservative win... which is the furthest thing from reality given the polls.

Unlike Bush, who is personally liked by many Republican voters, even Conservative voters in Canada aren't crazy about Steven Harper. He is like a pip-squeak white collar middle manager who thinks he's executive material. A tax accountant who's got too big for his britches. Also he looks terrible in a cowboy outfit.

Anyhow, the goal of today's rehashing of Same Sex Marriage seems to be to rally the minority of bigots hiding under the guise of faith into mobilization. Nothing calls out the ground troops like a holy war! Too bad it's a bit of an empty promise.

Too my American friends, worry not, Canada is likely to stay a strong-hold of equal rights for married gays. Most demonstrative for the majority of Canadians in the months of equal marriage here is that it has neither lead to polygamy, bestiality nor fire and brimstone. This speaks volumes, people tend to trust their real lives first. It's common sense.

In the long run, as always, love cannot lose.

Now my fellow Canuckstanis I implore you to research your local MP. You can get information on their attendance and voting on bills as well as quotes. It's pretty neat to see that my MP is still as much a grandiose, pabulum mouthed nepotistic bitch as she was when she walked all over me in the 8th grade. No seriously, she totally took all the Federally granted computers and let her son set them all up. Even though I'd exclusively been volunteering my time keeping the very few old machines we had up and running.

At the time I had no idea she was a Federal MP and just thought she was some bitch. And in the 8th grade one learns to stand up to adults which can shock them a bit. Especially when you are right and they are wrong. I ended up getting in a heap of trouble for telling her off and I think got in much more trouble than I would have regularly. Upon her exit from the scene once the Good Public Relation Vibes had been all collected the head librarian apologized to me and explained to me how these things work. That class and stature are very much real, she also instilled in me that what I did despite being a bit crass was brave and correct.

My still existing disdain for authority was given a boost that day. Ironically that particular librarian now works my old elementary school around the corner from my old house. One beautiful summer afternoon about 2000-2001 I was taking a walk and saw her in the parking lot where she immediately recognized me. We had a chat, I told her where my life was going at the time (nowhere) and she still encouraged me as always with sweet and unfeigned honesty. These are the important people in life.

In the end I don't vote for Beth Phinney and tell everyone I know this story. Her office also never returned even the vaguest of reply to my multiple letters regarding Same Sex Marriage leading up to the final reading this past summer.

Also I always vote NDP 'cause I like to suck cock.

Date: 2005-11-30 06:36 am (UTC)
From: [identity profile] gusmacroy.livejournal.com
I am totally voting Quebecois Bloc! Viva la France!

Date: 2005-11-30 07:04 am (UTC)
From: [identity profile] nfotxn.livejournal.com
You are my favourite American slacker separatist.

Date: 2005-11-30 07:19 am (UTC)
From: [identity profile] emramesha.livejournal.com
And if Stephen Harper and the Conservatives had any hope in hell of having a single homosexual vote for them, by reopening the Civil Marriage Act that vote will evaporate. Thankfully.

Date: 2005-11-30 07:20 am (UTC)
From: [identity profile] lostncove.livejournal.com
Thank you for breaking this down for me. I saw a headline about it the other day and wondered what it meant for Canadian politics.

Date: 2005-11-30 12:02 pm (UTC)
From: [identity profile] bigbeartoronto.livejournal.com
A simple majority of the Parliament could overturn the Civil Marriage Act. When the drafters of the Constitution were at an impasse and it looked like they would fail, all agreed to include a Notwithstanding Clause, meaning that ANY government can enact legislation that is counter to the Charter without remedy of the courts if it inserts this simple clause into its legislation. It has to be renewed every 5 years or else the legislation can be challenged after that period of time.

So the risk, if the Conservative win any greater number of seats than they already have is very real. It's pretty scary, actually. I am not a marriage person myself, but it will be the beginning of a very dark period in Canada if they start rolling back rights for people.

It is a real risk and we are not as protected as many people believe.

Date: 2005-11-30 07:30 pm (UTC)
jawnbc: (Default)
From: [personal profile] jawnbc
I understand your concern, but the court precedents are so clear here: excluding same-sex partners from civil marriage doesn't conform the the Charter of Rights and Freedoms. The worst case scenario is Harper legislates it out of existence, couples across the country go to court, and the Supreme Court rules that the exclusion of same-sex couples from civil marriage is unconstitutional.

And the only way this could happen is a Conservative majority government--the Bloc, NDP, and most Liberals wil l vote against it--even on a free vote.

Date: 2005-11-30 09:57 pm (UTC)
From: [identity profile] bigbeartoronto.livejournal.com
The worst case scenario is Harper legislates it out of existence, couples across the country go to court, and the Supreme Court rules that the exclusion of same-sex couples from civil marriage is unconstitutional.

I think you are wrong. If you read section 33 of the Charter of Rights and Freedoms, it states:

33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

This means that any legislation with this provision is Court proof, if you will. It means that the Supreme Court can say all it wants about the matter, but section 15 of the Charter (the equality provisions) does not apply to it.

The conservatives have made it clear they do not like the courts to "make law" when that is the prerogative of the legislature. They would insert that clause to protect the legislature against court interference. Mark my words.

32 Liberals, a handful of Block and NDP members also voted against the Same Sex Marriage Act. A few more conservatives elected and they could have the votes to do it.

This is a lot more possible than you appear to believe, trust me.

Date: 2005-11-30 10:53 pm (UTC)
jawnbc: (Default)
From: [personal profile] jawnbc
We're even then; I think you're wrong. :D

I'm basing my position on MacDougall's work on the issue before the first precendents were set (see MacDougall, Bruce, "The Celebration of Same-Sex Marriage," Ottawa Law Review 32:235-267 (Spring 2001)), as well as the Open Letter from Law Professors to Hon Stephen Harper, which is available here. Both resources say that Parliament can't legislate around same-sex marriage due to the Charter.

Date: 2005-12-01 02:07 am (UTC)
From: [identity profile] bigbeartoronto.livejournal.com
Both resources say that Parliament can't legislate around same-sex marriage due to the Charter.

In fact, the letter from the Law Professors says just the opposite and they seem to agree with me: the only way to do it (which therefore means it is possible) is for the government to invoke the Notwithstanding clause. And I quote:

You must explain to Canadians how your plan to entrench the traditional definition of marriage will pass constitutional muster. The truth is, there is only one way to accomplish your goal: invoke the notwithstanding clause. Emphasis added

Date: 2005-12-01 02:41 am (UTC)
jawnbc: (Default)
From: [personal profile] jawnbc
They cannot simply introduce new legislation redefining (again) marriage. And if the Conservatives were in a minority position, they would need the support of one of the parties that supported Bill C-38 to support their Notwithstanding legislation.

Which ain't gonna happen. Zero change. Ditto for them getting a majority. Zero chance. There is no chance the Cons will get anywhere near the 85+ seats in Ontario (of 106) in order to get a majority without at least half the seats in Quebec.

If they got 1 seat in Quebec it'd be a surprise. This simply will not happen in this election, with Harper as their leader. McKay or another not ex-Reformer might be able to get enough seats in ON to win a majority in the future, but then the entire tenure of the caucus would also be different.

If you want to focus on the remotely possible, vas-y. It's also possible that we could have a tie between the Libs and Cons and the GG would have to pick one. Also highly unlikely.

I think this is a "the sky is falling" argument.

Date: 2005-12-01 10:41 am (UTC)
From: (Anonymous)
Now you're changing the argument. I never said it WAS gonna happen. Again, read my post. I was saying that this COULD happen and you were saying I was wrong that it was NOT POSSIBLE for it to happen because of the Charter.

NOW you are putting words in my mouth saying I am raising remote possibilities as inevitable. I don't mind debate but please, debate fairly. Don't change the premise of the argument at the last minute.

I agree with you that it seems unlikely but remember at the last election it started out that way too, but right before the vote, the Conservatives were polling like they were going to get a majority until the Liberals started attacking them and stealling all the NDP votes at the last minute.

Date: 2005-12-01 11:31 am (UTC)
From: [identity profile] bigbeartoronto.livejournal.com
that was me, guess the sign in didn't work like I thought

Date: 2005-12-01 03:58 pm (UTC)
jawnbc: (egan crest)
From: [personal profile] jawnbc
After I posted my reply to you, it didn't seem quite right to me either.

You're right, it's a different argument. I apologize.

Date: 2005-12-01 04:13 pm (UTC)
From: [identity profile] bigbeartoronto.livejournal.com
no worries and thanks. I truly hope you are right about the possiblitiles of the Conservatives being elected. It is the thing I dread the most.

Ahh, Canadian Federal Politics

Date: 2005-11-30 01:57 pm (UTC)
From: [identity profile] pxtl.livejournal.com
We have it so much better than Americans. Instead of 2 choices, we get tons!

Canadian choices:

  • The Corrupt Party

  • The Dangerously Insane Party

  • The Stupid Party

  • The Non-Canadian Party

  • The Inconsequential Party

  • Misc


  • I agree, Brode - I think I'll vote Stupid this year too. And I still say (as much as I disliked the old PC party) if the party that gave us Jean Charest, Belinda Stronach, Joe Clark, and Mike Harris was still around at the federal level, they'd be winning this election in a complete landslide.

Re: Ahh, Canadian Federal Politics

Date: 2005-11-30 04:59 pm (UTC)
From: [identity profile] p0lish-sausage.livejournal.com
Oooh ooh!! Matching! I like games..

The Corrupt Party = Liberals..
The Dangerously Insane Party = Conservatives
The Stupid Party = Green?
The Non-Canadian Party = Bloc Quebecois
The Inconsequential Party = NDP?
Misc = Communist Party!

Did I get it right?

Re: Ahh, Canadian Federal Politics

Date: 2005-11-30 05:04 pm (UTC)
From: [identity profile] pxtl.livejournal.com
You've got Inconsequential and Stupid swapped, but otherwise yeah.

Vote Stupid!

Date: 2005-11-30 04:56 pm (UTC)
From: [identity profile] p0lish-sausage.livejournal.com
Thanks a ton for the How'd they Vote link. I'm new to London and I need to do some background checks on my MPs, see what the fuck is up with them.

Date: 2005-11-30 05:06 pm (UTC)
From: (Anonymous)
I like what rick Mercer said about this upcomming *winter* election.

Let's look at a few key ridings: Miami-Dade, Tampa, Everglades.

Seriously though, Harper just doesn't seem to get it that smearing the liberal party and offering nothing won't even win him the most conservative of Ontario centrists. Or that he can't just buy out the PC party, take its name, and we'll grant him its historical record.

Reform 3.0 is simply not seen as the old Tories. And the old Tory hard liners will be quick to tell you that. Just ask David Orchard or Joe Clark. Heck, look at Orchard's website.

Then there's Stronach, who was in bed (who knows how litereally) with the Ontario PC's, and who brokered the deal to create reform 3.0 and destroy the founding party of the country. She jumped ship to the Liberals like the opertunist she is. If the Liberal riding association has any sense at all in Aurora, they'll run somebody else.

But hey, at the end of the day they Conservatives ARE correct about typecasting the culture of the Liberal party as one of entittlement. Beth Phinney felt pretty entittled. Feel free to tell that story if the Conservative comes to your door.

Vote NDP: someone has to!

Mind you it already looks like they're running an anti-liberal campaign, which is a mistake. They think they'll just chip away at the left and score enough to balance a liberal minority there. Wrong. They should be going after the Conservatives. There's plenty of non-political people that aren't dogmatic righ/left one way or the other who are so insensed about the sponsorship "scandel" they're just looking to vote not-liberal for the first time in 15 years. This is the protest vote the NDP should be going after.

Well said

Date: 2005-11-30 07:01 pm (UTC)
From: [identity profile] pxtl.livejournal.com
That's precisely why I'll be voting NDP. The Liberals are unelectable - you can't let someone screw up and keep their jobs. The Conservatives are unelectable for the reasons Brodie outlined, plus their general resemblence to the Bush republicans (spend-but-don't-tax, invade Iraq, go Jesus!) rather than fiscal conservatives.

The problem is that the NDP is the only party without a geographical basis (besides Toronto). The Canadian riding system ensures that parties need to be geographical. If you look at the last election, the NDP got more votes than the PQ, but only half as many seats.

The other problem with that the NDP is that it's Stuck On Stupid. Many NDP candidates are unkept college hippies. That's a suicidal face to put forward.

Either way, vote Stupid!

Cowboy outfit

Date: 2005-11-30 07:29 pm (UTC)
From: [identity profile] trailtramp.livejournal.com
In case anyone was curious what Stephen Harper actually looks like in a cowboy outfit, here it is:

http://photos1.blogger.com/blogger/4319/673/1600/harper11.jpg

Its pretty damn ridiculous. Looks like a case of George Bush penis-envy

Re: Cowboy outfit

Date: 2005-11-30 07:51 pm (UTC)
From: [identity profile] nfotxn.livejournal.com
Nice! I scowered the internet for that image last night and couldn't find it.

Thanks!

Re: Cowboy outfit

Date: 2005-11-30 07:31 pm (UTC)
jawnbc: (Default)
From: [personal profile] jawnbc
I'm an NDipper. Wouldn't like to be a Dipper too?

More social democrats means a better Canada. Without exception.

Go us! Go you!!!!!

Re: Cowboy outfit

Date: 2005-11-30 10:05 pm (UTC)
From: [identity profile] nfotxn.livejournal.com
Seen the cover of Macleans this week?

Re: Cowboy outfit

Date: 2005-11-30 10:53 pm (UTC)
jawnbc: (Default)
From: [personal profile] jawnbc
my copy is late. Now I'm all tingly!

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