And by "fascist government" I'm referring to the government of Stephen Harper. Steve doesn't like the rule of law. I'll bet he figures Magna Carta was a huge mistake. Our federal fuhrer thinks himself the supreme law, above the law of those meddling courts of the land. The law is His to carve into tablets. The courts are merely to dutifully uphold and apply his law.
Steve is regularly at odds with Canada's judiciary and, as CBC News reports, it's Harper government policy to run afoul of the law.
Edgar Schmidt agrees that something is wrong, and he would know — he was the general counsel for the legislative branch at the Department of Justice, until he became a whistleblower and was suspended without pay in late 2012.
He filed documents in December of that year accusing the department of working under "faint hope" — approving legislation even if it has a "combined likelihood of five per cent or less" of being upheld by the courts.
He argued that Ottawa has a duty to introduce charter-compliant legislation — or, at least, tell the public when legislation doesn't pass the test.
The government disagreed, saying that it only needs to do so if legislation is "manifestly unconstitutional, such that no credible argument exists in support of it."
If a lawyer raises an issue with legislation, and management isn't worried, internal documents instruct government lawyers to "proceed to complete drafting or examination (blue-stamping)."
"Blue-stamping" is bureaucrat lingo for approving.
So, even if a piece of legislation has a 99 per cent chance of being defeated by the courts, government policy is to forge ahead.
That throws some cold water on MacKay's now-infamous refrain that even the government's most controversial pieces of legislation are vetted to be charter-compliant.
In other words, Harper deliberately and constantly tries to engage our courts in a pissing contest for his own perverse, political objectives. Enacting laws that you know full well offend the Charter is patently vexatious and an abuse of the legislative and judicial processes. It's a behaviour that holds the nation itself in contempt. It's the product of a troubled personality.