tag:blogger.com,1999:blog-879888271139368021.post7065946397938633800..comments2023-10-16T08:06:02.455-06:00Comments on Larry Hubich's Blog: Making it up as they go along!Larry Hubichhttp://www.blogger.com/profile/17140136865665292501noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-879888271139368021.post-37609135401468568682008-03-19T19:03:00.000-06:002008-03-19T19:03:00.000-06:00Brian,Thank you for participating in this blog.I d...Brian,<BR/><BR/>Thank you for participating in this blog.<BR/><BR/>I didn't ask the Minister of Justice to "seek assistance from the courts in legislative drafting" - those are his words, not mine.<BR/><BR/>I asked the Premier in my letter of February 6, 2008 to refer the Bills to the Court of Appeal for a determination as to their constitutionality.<BR/><BR/>If they choose to answer my request by implying I am asking them to seek assistance from the courts in legislative drafting - then they shouldn't be surprised at my reply.<BR/><BR/>Remember about a year ago, they thought that TILMA was the best thing since sliced bread. We believed (and still do) that the TILMA was a flawed and dangerous agreement, and made a compelling argument in that regard. (Including a very solid legal analysis).<BR/><BR/>In fact, our arguments where so compelling that even they finally agreed that TILMA was not something that would benefit the province of Saskatchewan and stated that they would not sign on if they formed government.<BR/><BR/>We think Bills 5 and 6 are flawed and that the courts will strike them down. We asked the government to seek an independent judical opinion in that regard. Such an option is provided for in the Constitutional Questions Act, and other jurisdications have availed themselves of that process. <BR/><BR/>Apparently, the Sask. Party government are not interested in such an approach and are refusing.<BR/><BR/>Thanks again for your comments.Larry Hubichhttps://www.blogger.com/profile/17140136865665292501noreply@blogger.comtag:blogger.com,1999:blog-879888271139368021.post-54361685025761449782008-03-19T14:38:00.000-06:002008-03-19T14:38:00.000-06:00Larry Hubich wrote: "4. Letter from the Minister o...Larry Hubich wrote: "4. Letter from the Minister of Justice to me - dated March 13, 2008 (received March 17) wherein Justice Minister Morgan refuses to refer the two Bills (5 and 6) to the Courts for determination as to their constitutionality because: "It is not our practice to seek assistance .... in legislative drafting". This argument is diametrically opposed to what the Minister of Labour was saying Monday in the rotunda of the legislature - that he, his department, and the justice department needed the assistance of Wilson to draft the legislation."<BR/><BR/>Come on, Larry, even you can read the letter posted at the link you have provided, which clearly states "It is not our practice to seek assistance from the court in legislative drafting". It would appear you've carefully excised the key phrase "from the court" in order to imply Minister Morgan has contradicted himself or other members of the government. You certainly won't win points with this government, nor should you expect an 'open door', by playing such games.<BR/><BR/>FWIW, I would expect the government to consult legal advice when drafting legislation - which Mr. Kevin Wilson is obviously qualified to do.Brianhttps://www.blogger.com/profile/03357439609873477857noreply@blogger.com