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Libman: Ruling is not the same as governing — and it's costing Legault

Libman: Ruling is not the same as governing — and it's costing Legault

'To rule is easy, to govern difficult' is a quote attributed to the writer and philosopher Johann Wolfgang von Goethe.
Newly elected governments take power fresh with their political agenda and series of objectives, promising to bring about positive change from the previous regime. But it doesn't take long for the perils of reality to set in, with a multitude of competing interests and challenges.
Every society is composed of individuals with a diversity of opinions, beliefs, values, experiences and aspirations. Generating consensus on almost any major issue is extremely difficult. Every decision spawns detractors, and in this age of social media, criticism and opposition can sound much louder. Before long, a party or leader that embodied change or renewal falls out of favour, and electors again clamour for change.
Justin Trudeau was swept into power in 2015 in a red wave of enthusiasm. His glamorous honeymoon eventually soured, and he was compelled to resign.
Premier François Legault was elected in 2018, offering a 'third-way' to Quebec's traditional federalist-separatist polarization, promoting an economic nationalism within Canada and no more referendums. His popularity soared at first during the pandemic, but nearly seven years after his election, 63 per cent of Quebecers now want a change in government, according to this week's Léger poll. Support for his Coalition Avenir Québec has shrunk to 20 per cent, its lowest since taking power.
The Legault government's reign epitomizes Goethe's observation about the distinction between ruling and governing. His administration has plowed forward, investing heavily in shiny projects that seemed promising — such as the Northvolt battery plant project, or digitizing SAAQclic — yet ran into major problems due to a lack of due diligence and responsible oversight.
Implementing even the greatest ideas in principle into successful initiatives in practice requires strong governance, effective analysis, skilled leadership and, most important, generating a collaborative buy-in from stakeholders. Instead, this government seems to operate with a 'my way or the highway' approach, which hurts credibility.
Take three recent examples in health care:
Giving consideration to a plan that would assign family doctors to Quebecers based on varying degrees of a patient's health, to ensure that the most vulnerable have access.
Obliging new doctors and specialists, under Bill 83, to practise in the public system for five years after graduation or face stiff financial penalties.
Linking doctors' pay, under Bill 106, to various performance objectives, to push physicians to take on more patients.
In addressing the doctor shortage, these initiatives may seem like good ideas, but each has its unintended drawbacks.
Will healthier Quebecers who become ill have difficulty seeing a doctor? Will future doctors shun Quebec medical schools or just leave after graduation? Do doctors have the resources to take on extra patients — and will this reduce their care of existing patients?
Bill 106 is seen by physicians as a shot across the bow during labour negotiations. For such major initiatives, where is the collaborative consultation at the outset to find the best workable solutions? Just trying to blame doctors solves nothing.
Recently, Education Minister Bernard Drainville introduced legislation to ban cellphones in and around schools and impose rules of respect and civility. Also good intentions and ideas in principle — but does the implementation go too far, lacking the requisite analysis and initial buy-in by parents and students who may need to communicate during the day?
University tuition changes, state secularism and many other laws have been sledgehammered with insufficient advance analysis and consultation with those most affected.
It's difficult enough to govern, and unanimous consensus is rare on major initiatives. But if governments don't understand that ruling is one thing, while governing is different — basically 'the art of the possible' — their job becomes even harder, likely hastening their own demise.
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Opinion: Will the Supreme Court throw Legault a lifeline?
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  • Montreal Gazette

Opinion: Will the Supreme Court throw Legault a lifeline?

Op Eds A decision from the Supreme Court this fall could potentially reshape Quebec and Canadian politics for years to come. It could also be the political lifeline François Legault was secretly praying for. Canada's top court has announced it will begin public hearings on the legal challenge to Bill 21 in September. A record 38 groups are to testify before the justices, most of them publicly opposed to Quebec's secularism law. With his Coalition Avenir Québec trailing far behind in the polls, Legault couldn't have wished for better timing. The clock is ticking on next fall's general election, and he desperately needs a drastic shift in public opinion. It's unlikely the cabinet shuffle he promised at the beginning of summer will be enough to revive his government's fortunes. He needs much more than that. A constitutional showdown with Ottawa could be the catalyst Legault is looking for. A strong majority of Quebecers support the principle of separating state and religions. This debate has been simmering for over two decades now — remember Hérouxville, Bouchard-Taylor and the 'reasonable accommodations' crisis under Jean Charest? For many voters, especially francophones, secularism has become over the years a fundamental, non-negotiable value. When it was first adopted in 2019, Bill 21 was supported by nearly two-thirds of Quebecers. If the Supreme Court rules against it, the backlash could be fierce — and Legault may try to harness the public's anger to his advantage. In his position, a smart move might be to call a snap general election, asking for a strong mandate to defend Quebec's core values and fight for the right to legislate without federal interference. At this stage, it could be his last remaining wild card — both to save face and to salvage his party's future. At the heart of the case lies an important legal question: Can a province invoke pre-emptively Section 33 of the Canadian Charter of Rights and Freedoms — the so-called 'notwithstanding clause' — in order to shield legislation from future court challenges? But the clause exists for a good reason. As former Quebec minister and respected constitutional scholar Benoît Pelletier once wrote: 'Contrary to what some have argued, the notwithstanding power does not undermine the Canadian Charter of Rights and Freedoms. Rather, it is part of it. It is intended to ensure that collective interests are fairly taken into account.' A ruling against Bill 21 could spark a constitutional crisis the likes of which Canada hasn't seen since the failure of the Meech Lake Accord 35 years ago. For many Quebecers, it would be seen as blatant and abusive federal overreach into the province's internal affairs — a move that could even reignite debates over Quebec's place in Canada and bolster support for sovereignty. Aside from Legault, Parti Québécois Leader Paul St-Pierre Plamondon is likely watching with anticipation. A nationalist surge in response to the court's ruling could benefit both the CAQ and PQ — potentially at the expense of Pablo Rodriguez's Quebec Liberal Party. So it seems the Supreme Court is walking a political tightrope. There's reason to be wary when unelected judges appear poised to tell millions of people — and their democratically elected National Assembly — that they are wrong on an issue as emotionally, historically and culturally charged as secularism in Quebec — a society which, even 60 years after the Quiet Revolution, still bears the scars of centuries of domination by the then all-powerful Catholic Church. If nationalists play their cards right, the consequences of this ruling could extend far beyond the specific legal question, potentially pushing more Quebecers to seek greater autonomy or even independence from the rest of country. With just a year to go before the next provincial election, the Supreme Court's decision could prove to be a major — and risky — political turning point. The stakes are high, and Canada's unity now rests in the hands of its nine Justices.

Lincoln: ADM conduct in airport expansion flies in the face of good corporate citizenship
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Lincoln: ADM conduct in airport expansion flies in the face of good corporate citizenship

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