Same-Sex Obfuscation

It seems that University of Windsor Political Scientist Heather McIvor, reportedly an expert on the constitution and the Charter because she once led a seminar on the topic, was all over the media yesterday, attacking the Tories on same-sex marriage with her crass obfuscation of the meaning of the country's constitution.

Commenting about the SSM debate, she noted that "You can't use the notwithstanding clause to override the division of powers in the 1867 Constitution,".

No one is suggesting that the notwithstanding clause be used to override the federal power to define marriage--it would be used to make legislation (validly enacted by a federal government) immune to a Charter challenge. Furthermore, as scholars like Prof. McIvor should be aware, it is unconstitutional (and impossible) for one section of the constitution to override another.

The next time the news media wants some commentary on the legality of parties' policy proposals, perhaps they should speak to some high school civics students, many of whom probably have a better understanding of the Charter and the constitution's division of powers.