There is a court case in Ontario, now being appealed to the Ontario Court of Appeal, filed by election reform advocates claiming that the existing single-member plurality voting system is unconstitutional because it violates Charter rights. It was rightfully dismissed by the Superior Court judge, because obviously, but there is something I did want to remark on. No, I’m not going to go into another rant about why I’m not a fan of proportional representation systems, or how most of their arguments deliberately misconstrue how single-member plurality works, but rather about how this is yet another attempt to use the courts when you lose at politics.
Beyond this kind of challenge being just on this side of lawfare, what gets me is how these kinds of groups seem to have zero conception of just what they want the courts to order in terms of a remedy, because that’s a pretty big deal. You want the courts to declare that the current system violates the Charter? Ignoring for the moment that their arguments are specious and jejune, what exactly do they think the courts are going to do? Order the federal government to implement a PR system? Which one? Because that’s kind of a giant sticking point. One of the main reasons why the electoral reform committee in Trudeau’s first parliament failed is because the recommendations in that report were hot garbage—design a bespoke system with a bunch of factors that rendered it virtually impossible to achieve without some major constitutional changes. PR is not one system you can just plug-and-play—there are so many variations of it that can wildly affect outcomes that it’s not inconceivable that it would degenerate into a major fight for years, while the court’s declaration of invalidity hangs over them. How does that work, exactly?
There are similar problems with other court challenges, such as the ones purportedly launched by youth over climate change. What exactly do they think the courts are going to propose as a remedy in that kind of a situation—and if you say “follow the science,” you deserve a smack upside the head, because science is a process, not a declaration. Science is not policy. The courts cannot impose policy, which is why it’s a really dumb idea to resort to the courts when you lose at politics. But that’s what we’re getting a lot of, and it means using the wrong tools and wasting a lot of time and energy to attack the problem in entirely the wrong way.
Ukraine Dispatch:
Ukrainian drones attacked an oil storage depot in western Russia, causing a massive blaze, as a way of unsettling voters ahead of their presidential election.
A source at Ukraine's main intelligence directorate told there would be further attacks on military targets inside Russia as most of its air defence and electronic warfare systems had been concentrated in occupied parts of Ukraine.
Source: BBC— UkraineWorld (@ukraine_world) January 19, 2024
Ukrainian investment banker and head of Kyiv-based Concorde Capital, Ihor Mazepa, was detained on Jan. 18. The incident is just the latest in a string of systemic pressure from the state, including unannounced searches, asset seizure, and detentions. https://t.co/t7ZxDLzjux
— The Kyiv Independent (@KyivIndependent) January 19, 2024