Letters to Editor
Use of the Charter
There have been many emails, phone calls and facebook chats, sent to me, regarding what has been taking place in the Courts, Queen’s Park and the City of Toronto. People have questions and they want honest answers about the Constitution, the powers of the province and, more seriously, about the Charter.
Some people are in support of the use of section 33 – the Notwithstanding Clause – whereas others are quite concerned as to how this will continue to play out. Some blame Premier Ford and Mayor Tory for this conflict. And yet they all have questions. I am not a lawyer, I am a researcher therefore this is not a legal opinion merely a researcher’s thoughts.
To be honest I don’t know why people are taking this out on Ford and the PCs. I know I ran for the Trillium Party but this is an honest answer. Of anyone, people should be blaming Pierre E. Trudeau, Jean Chretien, Bill Davis, Richard Hatfield and the governments who continue to use that embarrassment (not my words – Margaret Thatcher) called the 1982 Constitution and Charter.
We already had our rights protected (1948 Canadian Bar Association Minutes) under the British North America Act (1867). The 1982 Constitution and Charter were, in some people’s opinion, an abuse of power by P.E. Trudeau, Jean Chretien, Bill Davis and Richard Hatfield. After all they created this mess, including section 1 (Court dictating law) and section 33 - the Notwithstanding Clause (over-ruling sections 2 and/or sections 7 to 15 of the Charter).
As for the question – can Ford and the PCs do this? To be honest, the PCs are only using what is available to them. There is no restrictive criteria under section 33, so yes they can. As for the province’s powers under section 92 (8) – Municipal Institutions, that’s for another time.
But had this Charter, removing Canadian’s rights, not been supported; had the Premiers of the other 8 provinces stood their ground; had P.E. Trudeau, Jean Chretien, Bill Davis and Richard Hatfield not pushed for it; had the Supreme Court of Canada been, perhaps, stronger in their ruling, we wouldn’t be having this conversation. Suffice it to say there was no need for the 1982 document. The Constitution Act of 1867 (BNA) already had our rights protected had it not been abrogated by activist Judges on the Privy Council from 1882 onwards.
My Father and Uncles, during WWII, fought to stop this kind of thing and had there been a referendum, as there should have been, we, again, would probably not be having this conversation. So, if you want to place blame – the blame is with Trudeau, Chretien, Davis, and Hatfield...wouldn’t one think, considering their involvement?
Elizabeth F. Marshall,
Trillium Party of Ontario, Bruce-Grey-Owen Sound
Director of Research Ontario Landowners Association
Author – “Property Rights 101: An Introduction”
TO WHOM IT MAY CONCERN
Traffic safety concern regarding the Fergusonvale junction.
As a close resident of the highway 27- Flos Road 4 junction in Fergusonvale it is my opinion that the traffic regulation of this location with adjacent roads is so in adequate that it now presents no less than an accident waiting to happen.
This junction has seen a yearly incremental traffic increase, yet nothing has changed in regard to speed regulations or other precautions. The lone 70 km/h speed limits sign on highway 27 in each direction, which by the way is being poorly observed by the users, and two opposing stop signs on Flos Road 4, which has no speed limitation signs, are still there. Paradoxically enough, when I moved here 14 years ago, with much less traffic there was a strong police presence on the highway, when the sirens could be heard several times a day. But now one hardly ever hears any of these.
The Flos Road aspect of this junction strongly needs speed limits in the form of either signage or speed bumps prior to entering the urbanized area. This road carries many heavy gravel and construction trucks, which typically slam their brakes right before the junction, also here the steady flow of passenger cars and motorcycles has gone through the roof. Following the construction of a new subdivision in Fergusonvale with many of the houses being inhabited with young parents as well as a great many dogs looking to be walked two to three times daily, when there is no place to walk them except directly on the road, the situation has become perilous, to say the least. Adding to the above risk assessment is the fact that the children from this settlement prior to pick-up or after off loading by the school bus have to cross Flos Road, despite the lack of the above mentioned speed regulation.
I think that I speak on behalf of all the residents of this area, when I would suggest
1) That the speed limit on highway 27 before and after Fergusonvale be reduced to no more than 60 km/h the most and or
2) Traffic lights be installed.
3) Speed limits be introduced on Flos Road 4 as it approaches highway 27 to no more than 60 km/h.
4) More police enforcement be instituted.
5) Sidewalks be constructed in Fergusonvale including Flos Road 4.
This letter submitted to Springwater News for printing
Doug Downey, MPP, 14-20 Bell Farm Road, Barrie, ON, L4M 6E4
Township of Springwater, attention councilor Perry Ritchie, 2231 Nursery Road, Minesing, ON,L9X 1A8
Ontario Provincial Police, 1000 River Road West, Wasaga Beach, L9Z 2K6
VILLY VAERUM,2 MARNI LANE, R.R.1, PHELPSTON
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