Prof Macfarlane on Trudeau’s resignation and prorogation; of course Agent Orange uses it to terrorize democracy-loving Canadians (most of us refuse to become USA’s water pit) and threatens us again, with invasion.

Agent Orange is a pathetic imagination-less liar and bully who thrives on terrorizing others while he cowardly lives in diapers flapping his tiny hands. Totally secure? Musk can’t wait to give USA and Canada to Russia to pay Putin back for helping him buy the presidency.

Most Canadians LOVE being Canadian and will never agree to join the USA. Reportedly less than 20% of conservative/Repuglican Canadians think they’d like to join the USA but I bet would quickly change their minds if they were healed from Putin/Musk’s MAGA/Twitter/X brainwashing; some of them are already American living here. I have friends that are American living in Canada who swore never to return to the USA.

When someone suggests taking over another country, it’s not 'expansion'—it’s invasion.This is deeply irresponsible language from an increasingly irrelevant @cnn.com

Ryan McGinnis (@ryanmcginnis.bsky.social) 2024-12-24T05:21:44.487Z

Putin started WW3 with his massive disinformation systems brainwashing citizens globally and getting Adolf Orange into power the first time, aided by his sinister puppet Musk who is Adolf’s puppet meister, both of whom are now openly escalating war.

So the world’s richest man, who grew up under apartheid in South Africa and now pulls the mentally deteriorating incoming U.S. president’s strings, has written an op-ed urging Germans to elect a neo-Nazi government. Got that?

George Conway (@gtconway.bsky.social) 2024-12-29T07:27:06.900Z

Fascism never dies, but, it will also never rule the world; climate chaos will. Musk will fail, and fail miserably.

Those who are opposed to evil and authoritarianism like I am will fight Putin and Musk (and their muppets Harper, Poilievre, Orban, Trump, Germany’s AfD, the IDU, Modi etc.) to the death. Never will I become American.

Adolf Orange, go choke on Musk’s ass while you suck Putin; keep your filthy raping tiny unsightly fingers out of Canada. You can’t even visit us, because you are a convicted felon.

A valid prorogation, however unusual by Emmett Macfarlane, Jan 06, 2025, Declarations of Invalidity

Prime Minister Justin Trudeau is resigning as leader of the Liberal Party and has requested and been granted a prorogation of Parliament until March 24th. As I wrote last month, “If the PM does decide to make way for someone else, a prorogation would be entirely appropriate to allow for a quick transition to an acting Liberal leader and new PM.”

The Governor General’s decision to accept the PM’s request and prorogue Parliament is entirely appropriate.No matter what lies and outrage Pierre Picklehead, fucker trucker timbit king, puppeted by Steve Harper and Putin, and his racist rage infested con klan spew

Yet in light of the deeply controversial decision of the UK Supreme Court in 2019, deeming Boris Johnson’s prorogation request unconstitutional on the basis of its impact on ‘parliamentary accountability’, Canadian scholars have recently commented on the spectre of a potential legal challenge to a prorogation request here. Paul Daly sees it as a “real chance”, noting the recognition of the UK Court’s decision in some Canadian lower court decisions. Leonid Sirota thinks the courts would have no business getting involved – and that section 5 of the Constitution Act, 1982’s guarantee that Parliament sit at least once a year is dispositive as a point of law (I agree) – but worries that they might dive in anyway. And Phil Lagassé reminds us this is really a question of ‘honour’ (or norms), not a controversy of convention or law.

There are broader institutional reasons the courts need to stay the hell away from this, well beyond the narrower legal considerations Daly and Sirota explore: in the context of prorogation (and dissolution), there is a constitutionally-designated actor for making decisions – in extreme circumstances – to protect Parliament’s role, and it is not the courts, it is the Governor General.

Many lawyers mistakenly seem to the think the UK Court addressed a real legal issue because it successfully side-stepped the monarch’s role and focused on adjudicating Johnson’s decision to request prorogation. The UK Court applied unwritten principles to assess that decision and deem it legally invalid.

What was a controversial and deeply problematic decision in the UK context would be nothing short of outrageous in the Canadian context. Here Sirota’s point about the relevance of section 5 is important: we have a partially entrenched, written constitution, a structure that prevails over unwritten principles when there are relevant and clear textual provisions.

But I think it’s equally important to recognize the distinctive role the GG plays in this context, and there are fundamental differences between any discretion enjoyed by the GG in our system and the political practice against ‘involving’ the monarch in British politics that might be worth thinking about. Moreover, we also have a different practice around prorogations in Canada. A prorogation of two months is far from unusual, where it would be in the UK.

And while this particular prorogation is unusual – the governing party needing to replace its leader when an election is plainly imminent – it is from a constitutional perspective simply uncontroversial relative to the 2008 affair, because it represents a true government ‘reset’ (i.e. we’ll have a new PM, with a new-look Cabinet, etc.) One of the reasons the 2008 prorogation was controversial wasn’t merely that it delayed a potential confidence vote but that its purpose was solely the delay of that confidence vote, on the heels of Parliament having just returned after an election. The current circumstances requires a prorogation; there was no meaningful alternative in the face of a PM’s resignation as party leader.

For the Canadian courts to get involved in assessing the legal validity of the prorogation is really to threaten that they get involved in an inherently political, partisan contest over when an election should happen. This is entirely a matter of the government-Parliament’s political relationship, with responsible government at its heart, and the umpire of that relationship is not the courts – it is instead, in exceedingly rare circumstances, the Governor General. Parliament will have its say at the end of March, and assuming the opposition parties follow up on their pledge, we’ll likely have an election. There is no problem of democracy here, even if Trudeau might be rightly criticized for not stepping aside earlier.

This was simply not one of those circumstances where the Governor General enjoys discretion. It would have been a more challenging case if Trudeau had decided to try to stay on and also requested a lengthy prorogation, but in the end it is an ‘easy’ case, and if there is a legal challenge, the courts should dismiss it outright.Harper plunked too many of his anti charter judges into power. The courts should indeed stay out of this, but, I expect they won’t, eager to serve lords of fascism: Putin, Orban, IDU, Harper, Trump, Musk and the rest of the rapist racist klan.

“I don’t believe we live in a democracy anymore,” Fanone said. “I believe democracy in this country is dead, and it died when the Supreme Court granted the president of the United States immunity for official acts and then failed to define what the fuck official acts are.”

Jules (@naniej1998.bsky.social) 2025-01-06T12:57:33.797Z

Jules @naniej1998.bsky.social Jan 6, 2025:

“I don’t believe we live in a democracy anymore,” Fanone said. “I believe democracy in this country is dead, and it died when the Supreme Court granted the president of the United States immunity for official acts and then failed to define what the fuck official acts are.”

Michael Fanone

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