US Supreme Court – Sheila Copps https://sheilacopps.ca Thu, 26 May 2022 21:03:21 +0000 en-US hourly 1 https://sheilacopps.ca/wp-content/uploads/2012/07/home-150x150.jpg US Supreme Court – Sheila Copps https://sheilacopps.ca 32 32 Expect abortion bombshell to dominate the fall agenda https://sheilacopps.ca/expect-abortion-bombshell-to-dominate-the-fall-agenda/ Wed, 08 Jun 2022 10:00:00 +0000 https://www.sheilacopps.ca/?p=1325

The only party that must navigate this issue with great difficulty is the Conservative Party.

By Sheila Copps
First published in The Hill Times on May 9, 2022.

OTTAWA—The f-bomb was allegedly dropped in the House of Commons on May 4 by a frustrated prime minister.

It was not picked up by any microphone and even though Conservatives vociferously demanded an apology, even they were at odds over what exactly was said.

Upon exiting the House, Justin Trudeau himself mimicked his own father’s explanation when Trudeau senior was accused of using the same language in 1971.

Members of the official opposition jumped on the transgression, but their voices were muted when a clip of leadership front-runner Pierre Poilievre emerged on social media, saying, “Fuck you guys” at a legislative committee.

An f-bomb may have been fatal a half-century ago, but today it barely makes a ripple in news coverage.

In the same way as language has been liberated, so too have social attitudes.

The notion that a non-binary leader could be the head of a Canadian political party was unheard of 50 years ago.

In fact, no one really even knew what non-binary meant.

Today, the interim leader of the Green Party is non-binary and it is common to state his/her/their declaratory gender preference.

Fifty years ago, the notion of legalizing abortion was hugely controversial. Even the most liberal of politicians had to tread carefully when the issue was up for debate.

Today, it is accepted that the majority of Canadians are in support of a woman’s right to choose.

Even in the Conservative leadership, only one candidate is openly promoting an end to abortion in Canada, even though two other candidates with similar views have been been kept off the leadership list.

The same cannot be said for Conservative party members, many of whom have public views opposing abortion and have promised to vote against the procedure in any private member’s bill brought forward in a parliamentary session.

In the last election, observers attacked the Liberals for raising the spectre of a renewed abortion debate based on the number of Tories who had promised to do so.

But now that the United States Supreme Court is preparing to rescind the law legalizing abortions in that country, the issue will move to the forefront in Canada too.

The only party that must navigate this issue with great difficulty is the Conservative Party.

The prime minister has already said that the government is looking at a regulatory amendment to the Canada Health Act to guarantee a woman’s universal right to reproductive choice. No time limit has been put on the move but one thing is certain.

The amendment will force the Conservative Party to take a solid position on the issue once and for all.

The longer it takes to bring in any changes, the better it is for the Liberals. The government would love nothing better than to have that wedge issue to present to Canadians in the next election.

Six months ago, the issue was not even on the general public agenda.

But with the bombshell leak on Roe v. Wade last week, there is no doubt that a woman’s right to choose will be an ongoing political issue south of the border. And what dominates in the United States will undoubtedly have a spillover effect in Canada.

According to the Pew Research Center in Washington, 59 per cent of Americans support abortion access. That number jumps to more than 70 per cent in Canada.

A decision by the U.S. Supreme Court, expected in June, would immediately impact access in all states across the country, including those that currently offer the right of abortion to all.

The result of a legal reversal to reproductive access by the United States will embolden the minority of Canadians who have been actively opposing abortions for years.

It will also mean that more money, and more volunteers will be crossing the border with the same fervour enjoyed by the cross-border movement of ‘freedom fighters’ who joined the Ottawa truckers’ occupation.

There is no law in Canada on the issue of reproductive choice, but there are standards of care that have been developed by the medical profession.

However, there is an uneven application of these standards, with some provinces offer little or no access while most other provinces make abortions readily available.

The Liberals promised in the last election to introduce regulations forcing less-compliant provinces to open up their abortion access requirements.

In 2020 and 2021, New Brunswick suffered federally-imposed financial penalties totalling almost $300,000 for refusing to offer access.

Expect last week’s abortion bombshell, not the f-one, to dominate the fall agenda.

Sheila Copps is a former Jean Chrétien-era cabinet minister and a former deputy prime minister. Follow her on Twitter at @Sheila_Copps.

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Has Trump damaged Canada-United States relations irreparably? https://sheilacopps.ca/has-trump-damaged-canada-united-states-relations-irreparably/ Wed, 18 Nov 2020 11:00:00 +0000 https://www.sheilacopps.ca/?p=1133

Even if Donald Trump is defeated on Nov. 3, and that is by no means a certainty, the differences that mark our two countries will only continue to grow

By Sheila Copps
First published in The Hill Times on October 19, 2020.

OTTAWA—Has Donald Trump damaged Canada-United States relations irreparably?

According to a Focus Canada poll published in The Globe and Mail last week, Canadians’ view of our southern neighbour has sunk to the lowest level since those statistics have been collected.

The polling consortium included the Environics Institute, the University of Ottawa and the Century Initiative.

The number of Canadians who consider the United States an enemy has jumped from one per cent to 11 per cent in the past seven years.

Roland Paris, a political science professor and former adviser to Prime Minister Justin Trudeau was quoted as saying the worsening of Canada’s view was largely a result of attitudes toward American president Donald Trump. Paris said the number of Canadians who consider the United States an enemy “is more an expression of frustration and alienation than the actual belief that the United States represents an enemy.”

But I am not so sure.

The Senate hearings into the confirmation of Amy Coney Barrett shine a light into what is really going on in the United States.

That a candidate for the Supreme Court could claim the president does not have to abide by Supreme Court decisions is outrageous. Her public claim that it was an “open question” as to whether the president could pardon himself is startling. Barrett said she would have to study the issue before rendering a decision on it.

She also refused to weigh in on a defeated Trump’s potential refusal to leave office and was silent on the constitutionality of voter intimidation and deliberate attempts to discredit the election process.

She also refused to affirm the legality of mail-in ballots, claiming that it was “a matter of policy that I can’t express a view.”

Even after Trump has left office, the chief constitutionalists of the country are likely to be Supreme Court judges who are not prepared to defend against potential fraud in the White House.

By all accounts, Barrett’s nomination will sail through the Senate hearing process, as there are more Senators who want to anoint her than oppose her.

What does that say about the state of democracy in a country with or without Donald Trump as its leader?

The majority of Senators are willing to support a Supreme Court nominee, not because of her constitutional knowledge, but rather because of her religious beliefs. It is well known that Barrett is opposed to abortion and has already spoken out against the legal decision of Roe versus Wade that provides the basis for legal abortions in the United States. Barrett refused to be pinned down on the matter during the Senate hearings, but she has previously joined groups and signed petitions opposing all abortions.

That runs counter to the view of the majority of Americans, but aligns with the core of religious zealots who have lined up to re-elect Trump.

The fact that Trump still garners 42 per cent support just two weeks before the vote is a reflection, not just of the president, but of the state of politics in the United States.

The fact that no moderate Republicans have crossed the floor to vote with the Democrats and block the Barrett nomination is a further signal of how powerful the religious right has become in the last number of years.

Senator Lindsay Graham, in a dead heat in his own bid for re-election, has flipped his opposition to the early nomination and is now leading the charge to see her confirmed before the November 3 election day.

All that to say that even after Trump is no longer the president, the cleavage between Canadian and American viewpoints is growing.

Only 22 per cent of Canadians surveyed believe that Canada is getting more like the United States. For the first time since the question has been asked, more Canadians felt our country is becoming less like America. Thirty-five per cent of those polled held that view this year, compared with only nine per cent back in 2001.

The trend lines are definitely continuing as Canada and the United States go in distinctly different directions.

In addition to the Trump effect, Canadians referenced American racial unrest and its inept response to COVID 19 as reasons why they believe the two countries are growing apart.

Canadians continue to view our American neighbour with growing indifference. Some are even openly hostile.

Even if Trump is defeated on Nov. 3, and that is by no means a certainty, the differences that mark our two countries will only continue to grow.

Sheila Copps is a former Jean Chrétien-era cabinet minister and a former deputy prime minister. Follow her on Twitter at @Sheila_Copps.

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