And Good Sunday Morning!
As ever, I rejoice in good news. And this week’s U.S. Supreme Court ruling is good news indeed. For a while I have been wondering if U.S. democracy could survive Trump’s second term. He has been ruling imperiously, ignoring limits on executive power and basic human rights. And he seemed to be doing so with impunity.
Finally, Lady Liberty has a pulse. The judges of the US Supreme Court have enough core integrity as to refuse to submit to Trump’s increasingly despotic rule.
This summary from the New Republic gives a great synopsis: “The Supreme Court’s 6–3 decision is sweeping. Trump claimed extraordinarily broad tariff authority under the International Emergency Economic Powers Act, or IEEPA, citing its grant of authority to “regulate … importation.” But as the majority notes, that simply does not constitute an authority to tax—the statute doesn’t even include the word ‘tariffs.’
The ruling authored by Chief Justice John Roberts is scathing on this point. It declares that Trump read ‘regulate’ and ‘importation’ to somehow grant him ‘the independent power to impose tariffs on imports from any country, of any product, at any rate, for any amount of time.’ It concludes that ‘regulate’ and ‘importation’ are words that ‘cannot bear such weight.’
In invalidating the tariffs that Trump imposed under IEEPA, the court just knocked down around 60 percent to 70 percent of Trump’s tariffs, says trade expert Scott Lincicome, including a chunk of levies on China, Mexico, and Canada, all global reciprocal tariffs, and a number of others. …Trump now must refund $175 billion in revenues plus interest…”
Trade experts agree that Trump sill find some legal work-around to allow him to impose tariffs, but with more limits and statutory steps.
All in all, it is a very strong signal that the rule of law still has some meaning south of the border.
Trump reacted in typical fashion – accusing the highest judges in the land of being “disloyal”- swayed by foreign governments, and an “embarrassment to their families.”
Last week, the Supreme Court of Canada (SCC) also delivered good news for democracy. The ruling was on the day I was in Tumbler Ridge, February 13, and, likely due to that emotionally charged day, I failed to include it in last week’s letter. But redressing that oversight, let me set out some details you may have missed. The SCC ruled that a by-election was required in the Montreal-area riding of Terrebonne. If you ever hear anyone say that a single vote does not make a difference, remember Terrebonne!
It was a squeaker of a result. After counts and recounts Elections Canada determined that Bloc Quebecois MP, Nathalie Sinclair-Desgagné, had lost by one vote to Liberal Tatiana Auguste. But then, in the ultimate electoral plot twist, one voter, Emmanuelle Bossé, came forward to complain. She had voted by special ballot. And the ballot by mail was rejected, stamped by Canada Post, “Return to sender.” It had the wrong address for Elections Canada, in an envelope prepared and printed by Elections Canada. Ms. Bossé. was not only furious that her vote had not been counted, but as the results were finalized, she realized that, had her vote been counted, the Bloc candidate would have won. She had voted for Nathalie Sinclair-Desgagné. Bossé went to court to demand a new election in Terrebonne. In October, the superior court accepted Elections Canada and Liberal MP Auguste’s arguments – that a postal code mishap amounted to “human error” and was not an irregularity as defined under federal electoral law.
The Supreme Court of Canada did not agree. The facts were disturbing. Three weeks before the election, an Elections Canada employee realized they had made a mistake. At least 40 ballots had mistakenly gone out with the Elections Canada employee’s postal code as the address for the returned ballots. No effort had been made to rectify the error. The court invalidated the election count and has ordered a by-election. One vote – and one voter- can make a huge difference!
At that point, losing one Liberal MP left Carney four seats short of a majority. But wait! If you are trying to keep track, this week’s political news included another win for the Prime Minister. Another win, but not at the ballot box. Conservative Matt Jeneroux, MP for Edmonton Riverbend, crossed the floor to join the Liberals. At the time of the first Conservative floor crossing, that of Nova Scotia MP Chris D’Entremont on November 4, it was widely rumoured that Jeneroux would cross soon, Instead on November 9, Jeneroux announced he would leave Parliament altogether.
With the benefit of three months, Matt Jeneroux managed to overcome whatever threats and pressure had led him to announce a premature departure from politics. The stories I have heard about what Poilievere’s henchmen, or chief hench-woman, Jenni Byrne, had threatened to visit upon Jeneroux if he crossed to the Liberals were pretty nasty. Somehow Matt Jeneroux has overcome whatever led to his promised exit.
With this dramatic development, the Liberals are one step closer to a majority. Three by-elections are now required – one for the seat left vacant as Carney sent Bill Blair to be High Commissioner to the UK, and another vacant as Chrystia Freeland, having already announced her departure from Parliament, was forced to leave immediately by accepting an unpaid appointment advising Ukraine’s President Zelenskyy and the unexpected news in Terrebonne. One side-effect of the latest floor-crossing is that it makes a snap spring election less likely—not impossible but less likely! (phew!)
Sundays are typical days for Prime Ministers to announce by-elections. So, maybe we will know today when those voters are off to the polls..? To be ready, I spent yesterday with our candidates in both Toronto areas ridings – with Pooja Malhotra, in Scarborough-Southwest, and with Andrew Massey, in University Rosedale. And today in Kitchener with my deputy leader Mike Morrice. (would I ever love a by-election in Kitchener Centre to get Mike back in Parliament as soon as possible!) But there is no reason to imagine a by-election there. The surge of pro-Carney voters in Kitchener led to Mike’s defeat in a close vote, electing of a Conservative MP. Mike and his team in Kitchener Centre are working hard to win back the seat whenever an election happens.
Parliament is back in session tomorrow and I will be trying to get federal funds for the low-income housing projects in Saanich-Gulf Islands now left high and dry by Eby canceling BC Community Housing funds. This week, I will likely be bringing in my amendments to try to make the omnibus budget bill C-15 less awful. I have to try.
Thanks to all who sent notes grateful for last Sunday’s reflection on winter in Ukraine. Tuesday marks the fourth anniversary of Putin’s invasion. A sad anniversary indeed. Let’s keep hoping for good news there.
Miracles happen. Pray for peace everywhere in this wounded world and hang on to hope,
Love,
Elizabeth