Warum die Rechte -Champion Danielle Smith ungeachtet der Klausel für Trans -Gesetze achtet | Der libertäre Premier bereitet sich auf die Verwendung von Rechten übertrieben, möglicherweise vor Gerichten wiegen

    https://www.cbc.ca/news/canada/calgary/danielle-smith-notwithstanding-clause-transgender-charter-analysis-1.7638910

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    6 Kommentare

    1. Some of the key issues:

      >Danielle Smith maintains that she is determined to see her UCP government’s three laws governing transgender issues — in health, education and sport — survive court challenges.
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      >But her interest in using the Constitution’s so-called nuclear option to do so comes after a political lifetime believing in the protection of people’s fundamental rights and freedoms.
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      >How libertarian is she? She is, after all, the only premier in Alberta history known to have an arm tattoo with the cuneiform symbol for „liberty“ or „freedom.“
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      >Smith was also proud to expand her province’s own Charter-like document, the Alberta Bill of Rights, last year, adding to it more language about property rights, gun ownership and refusing medical treatments. When she debated those amendments in the legislature last year, she appealed to classical liberal values — small-L liberal, let’s be clear — evoking 17th-century philosopher John Locke.
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      >“We have rights that are independent of particular laws. They exist regardless of what the laws are,“ Smith said.
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      >Later in the speech, she referred to fundamental freedoms being of „foundational importance to Albertan society,“ and „inalienable,“ „granted by virtue of being human.“
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      >Near the address’s end, Smith noted that in areas where those government laws and rights might conflict, the provincial Bill of Rights has a notwithstanding clause to override those rights provisions (like the Charter does).
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      >…
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      >While Smith said this weekend her „preference is to go to court“ and defend the constitutionality of her laws against these challenges, she remains open to using the override clause, to prevent courts from knocking down her legislation because of Charter considerations.
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      >Smith’s longstanding interest in protecting basic rights and freedoms has largely aligned with that of her United Conservative Party’s activist base.
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      >It shared her anger over the way governments mandated vaccines and restricted gatherings and business during the pandemic; restrictions upheld by courts based on the Charter’s first clause, which guarantees the rights „subject only to such reasonable limits … as can be demonstrably justified in a free and democratic society.“
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      >…
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      >But she’s become a defender of governments‘ right and ability to invoke the clause.
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      >She declared it „integral“ to the Charter and an „unassailable provincial constitutional right“ in a social media post Thursday. She did so without reference to any provincial legislation, but in Alberta’s defence of Quebec’s decision to invoke the notwithstanding clause in its secularism law, and in criticism of Ottawa’s intervention against Quebec’s move.
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      >…
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      >Smith’s long-abiding belief in safeguarding rights, it appears, is complemented by a belief that politicians‘ interpretation of rights should trump the courts‘.
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      >The Alberta government’s argument in the Quebec case also cites the western premiers who co-authored the Charter in 1982, and their insistence that the notwithstanding measure ensured „supremacy of elected people over appointed people.“
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      >Those are former premier Peter Lougheed’s words in 1981. In years to come, he’d defend the notwithstanding clause, but also express wariness of potential overapplication.

      It’s pretty clear that Danielle Smith is more a libertarian of convenience than anything else. Rather, she will say anything and use any and all tools at her disposal to both obtain and consolidate her personal power and influence.

    2. This is exactly why we need a ruling constraining the NWC. This is a blatantly bigoted and targeted attack against LGBT people for the sole purpose of vicious culture war.

    3. New_Alternative8711 on

      Smith is not a libertarian.
      She has the largest cabinet in Alberta history.
      And her government reaching into social issues is absolutely not libertarian. She could more accurately be called a neo liberal.

    4. king_bungholio on

      I’ve said it before and I’ll say it again, trans people aren’t the ones jacking up the cost of living and making my life more unaffordable. Its pathetic seeing the right punch down on them and push this culture war garbage to hide their own failed policies.

    5. There is crisis of housing, affordability, doctors, economy is slowing down, drug crisis, homelessness, but Smith keeps her evil eye on trans people.

      It’s like she is trying to keep our attention away from the real problems. Maybe she is on the Epstein list as well

    6. grathontolarsdatarod on

      Not a fan of Smith.

      But calling her a libertarian does everyone a disservice.

      Libertarians would never pass so many laws.

      If anything, she behaves as mode to disrupt the established democratic norms of the rest of the country.

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