Conservative MP Maxime Bernier speaks to journalists in the foyer of the House of Commons on Oct. 7, 2010.CHRIS WATTIE/Reuters
Regular readers know my warm feelings toward Maxime Bernier. The man is interesting. Wrong on almost everything, but interesting.
Today he is giving a speech that has a simple, elegant solution to Canada's national unity crisis. Let me quote Bernier: "Essentially, what they [Quebeckers]want is our country as it should be if we simply followed the constitutional arrangement that was agreed to in 1867."
Bernier focuses on one part of the constitutional agreement from 1867 - namely that the federal government should abandon any involvement in health or social programs. Bernier claims this was never contemplated by our Constitution that those beloved fathers agreed to. Fine, done.
Of course you can't pick and choose from the sacred Constitution Act, 1867 so I'm sure Bernier will have no problem with the Governor-General once again using his powers of disallowance and reservation. I mean, Sir John A. Macdonald routinely struck down provincial legislation he disagreed with, it was part of the pact that was struck back in 1867 so surely once we start "respecting the constitution," future PM's can pass judgment on any provincial bill he or she chooses per Bernier.
This of course strikes me as a massive step towards centralizing our federation but who the heck am I to argue with Bernier - he says this is what Quebeckers want.
As importantly, I'm sure Bernier must agree that the "Peace, Order and Good Government" clause in Section 91 of the Constitution Act of 1867 will have to take on a renewed importance with our new, old constitutional order. So all residual power, why that's the federal government's bailiwick. Let the powers roll to Ottawa - heck, that's what the fathers wanted.
POGG also allows Parliament to legislate over issues of "order." Back in the 1880s this allowed Parliament to legislate over alcohol but in 2010 I'm worried about kids today and their rock and roll music - they are really destabilizing the country's social fabric. So I think Parliament may need to bring in some tough school discipline bills - under Bernier's revised country, of course this is where we are headed.
Finally, POGG has been interpreted by the courts to give Parliament power over issues of "national dimensions" - issues that are of such importance that they affect the entire country.
Now, I don't really know that in 2010 it's a great idea for Parliament to start co-opting provincial legislation willy nilly and to unilaterally declare any issue Ottawa feels like as being of "national importance" and therefore within their jurisdiction but if a great constitutional scholar like Maxime Bernier feels otherwise, we should at least consider it.
For national unity, if nothing else.