Dear Editor

The PC Budget Bill 100, Schedule 17. The constitutional ramifications of this is horrific...are they so ill-informed they would actually do this??? In an article by the CBC, Lucas Powers, Apr 14, 2019, Professor Amir Attaran, of the University of Ottawa states:

"What the government is trying to do is place itself beyond the reach of the courts and make it difficult, and in many cases impossible, to sue the government — even when it acts in bad faith or breaches the duties of office.”

But how underhanded is this and what are the Constitutional ramifications of this? Obviously, the PCs have very little knowledge of what the foundational principle of the Proceedings Against the Crown Act entails. I cannot stress enough the seriousness of this action by the PC government.

Continuing with the CBC article the Attorney General – Caroline Mulroney says “section 11 of the proposed bill expressly states that the legislation only applied to negligence and failure to take reason care.” If government, or it’s officials, are negligent and/or do not perform their duties with “reasonable care” shouldn’t there be the ability for the people to hold government accountable and seek compensation? This is a fundamental principle that goes back to the Petition of Right 1628 that when the King had done something egregious and was presented with a Petition, from the person/people, he was to say "Let Right be done," and either the law was fixed or compensation what paid.

Mulroney then has the audacity to say: "The proposed bill enshrines and clarifies that concept in an attempt to reduce frivolous and unmeritorious claims, saving time and money for the courts and taxpayers." Firstly, it is not for government to determine what is or is not “frivolous.” Secondly, the Courts already have this authority, under the present Act, so this amendment is merely as Professor Attaran states “the government is trying to”… “place itself beyond the reach of the courts and make it difficult, and in many cases impossible, to sue the government — even when it acts in bad faith or breaches the duties of office.”

So how is it that the PCs feels they can violate a fundamental constitutional principle - being part of your constitutional rights? They just hide it in an omnibus bill so you won't even know that it is being done.

If you want your constitutional rights respected contact your PC MPP and/or Premier Ford, himself, and express that this action is completely unacceptable, after all as part of our Constitution going back to at least 890 – we are all to be equal in the eyes of the law – including government, wouldn’t one agree?

Elizabeth F. Marshall
Grey County