CFE Blog

I’ve been trying to figure out how I feel about Doug Ford’s use of the Notwithstanding clause, and in particular the anxious liberal handwringing about it. Yes, his actions are certainly threatening to a liberal democratic conception of the rule of law.

Ontario Premier Doug Ford has carried through with his promise to require universities to develop, implement, and comply with free speech policies that meet his government’s minimum standard in the next 120 days or face the possibility of a reduction in their operating grant funding.

Co-authored by Maggie FitzGerald. Unpopular opinion: We love to be catcalled. It can be friendly or flirtatious. Affirming or exciting. For some, afleeting moment of eroticism. 

The broad-shouldered man sitting in a front-row chair leaned over and looked fiercely at me.  “I’m a mean guy.” He looked as though he could snap logs in half with his bare hands. When I unexpectedly laughed, his features softened. He said he was also a “helper,” attending what was advertised recently as a “compelled speech” panel, in case security needed support dealing with protesters.  He pointed to the security men, who were wearing suits but standing alertly, at each corner of the large auditorium packed with more than 700 people.

Being a whistleblower in Canada is tough. The Canadian legal framework with respect to whistleblowing is a hodgepodge of different laws and regulations, none of which historically have been very effective. The frameworks differ with respect to whether the whistleblower is in the federal or provincial jurisdiction, in the public or private sector or depending on the type of information being disclosed.

According to the US Supreme Court in the recent case of Janus v. American Federation of State Employees, an individual’s free speech is restricted when she is required to pay dues (or ‘agency fees’) to a union, even when the union is using those dues to support collective bargaining. Alito J.