division of powers

There’s no good reason to believe a single regulator is better than two, or three, or ten

The Ontario Superior Court’s Charter finding against prostitution-related provisions of the Criminal Code has unexpectedly cast light on the new Alberta politics. The hard-charging Wildrose Alliance talks a good game when it comes to defending provincial rights; the logical corollary, one might suppose, would be for it to observe a dignified silence about matters reserved to the federal government. This is never how things work, of course, and the Alliance couldn’t move fast enough to issue a joint statement in the names of its two turncoat MLAs, Heather Forsyth and Rob Anderson.

The B.C. Court of Appeal’s ruling on Vancouver’s Insite shooting gallery for heroin addicts makes for interesting reading. We are all so busy arguing over the merits of harm reduction, and the wisdom of the Harper government’s attempt to shut down the clinic, that it is easy to forget the big constitutional issue that was the chief concern of the court here. You would think that Canadian jurisprudence had developed a clear objective rule for settling even the trickiest “double aspect” issues, wherein both federal and provincial governments can claim that some crumb falls within their respective spheres of constitutional power.