Politicians need boundaries when dealing with social media harassment

An excerpt from my latest Loonie Politics column. Read the full piece here. If you aren’t a subscriber yet, use promo code ‘Lawton’ for a discount!

Those who go into politics may surrender some of private life’s comforts, but that doesn’t mean public service should be a free-for-all.

Especially when it comes to elected officials’ families.

It’s hard to find civility on social media, however, where a St. Catherines man attempted to spark a Christmas Day flash mob at Progressive Conservative MPP Sam Oosterhoff’s parents’ house.

“This Christmas, let’s protest @samoosterhoff and his bigot, misogynistic and homophobic personality & upbringing,” wrote Rob Gill on Twitter.  “Let’s protest at his parents (sic) home at (redacted).  Or give them a call at (redacted).”

Included in the original tweet, which has since been deleted, were the Oosterhoff family’s home address and phone number.

The second-term MPP called police upon seeing the tweet, citing concern for his family’s safety.  The OPP says it was unsuccessful at reaching Gill by phone, so instead stopped in on him to “caution (him) regarding sharing personal information on social media which could be perceived as harassing.”

Gill himself tweeted about the episode, lauding the officer as “professional and friendly” while labeling Oosterhoff’s call to the police “pathetic” and meant to intimidate.

From a PR perspective, there’s no right answer for Oosterhoff to deal with someone being so demonstrably irrational.  Were he to call Gill himself, he’d be similarly accused of trying to intimidate.  His way put it to the OPP to decide what the prudent course of action would be.

It sounds as though that’s exactly what happened.  The police investigated, had a courteous and professional conversation with the party involved, and moved on without laying any charges.  I’m unclear on how this could have unfolded in any better way, except for if Gill had never taken aim at the Oosterhoffs in the first place.

Notwithstanding clause a much-needed tool to fight judicial activism

When judges overstep their bounds, elected governments need to fight back. That’s exactly what Premier Doug Ford did by deploying the notwithstanding clause, as I discuss in this week’s Loonie Politics column.

As always, an excerpt is below, but please pick up a subscription (only $40 a year using the promo code ‘Lawton’) to read the full piece and the stellar work of my colleagues.

What started as a deflation of a bloated Toronto city council has now become a weapon against judicial activism.

Premier Doug Ford has thrown down the gauntlet to the courts based on a very simple premise: he was elected to govern Ontario, and they weren’t.

That a bill about one city’s municipal election has ignited a national constitutional conversation is proof that the process by which a law comes to be is often more important than the specific law in question.

As a non-Torontonian, my life wasn’t changed with the passage of Bill 5, the Better Local Government Act, last month.

But for the 509 declared candidates and the two or three Toronto voters paying attention to municipal politics in August, the bill was undeniably disruptive.

But there’s a difference between something being a disruption and it being unconstitutional.  That distinction was lost on Judge Edward Belobaba of the Ontario Superior Court of Justice, who ruled on Monday that Ontario government “has clearly crossed a line” with its decision to cut Toronto’s council from 47 wards to 25 just a couple of months before the election.

Hours after the decision, Ford responded with a historic vow to reintroduce the legislation with the notwithstanding clause, which his government did on Wednesday.

It’s a tactic never before employed by an Ontario government.  The lack of precedent notwithstanding (sorry), the clause in question is still a valid tool afforded to premiers, and has been for nearly four decades.

I can’t help but laugh at the left’s accusation that Ford has trampled on the Charter of Rights and Freedoms when it’s that very charter that contains the notwithstanding clause.  It was specifically carved into the document so provinces could maintain autonomy and protect themselves against overzealous interpretations of Charter freedoms.

Ontario’s free speech policy is a good start, but it doesn’t go far enough

Universities must protect free speech or risk losing their government funding.

That’s the crux of a policy unveiled last week by the new Progressive Conservative government in Ontario, Canada. It’s a much-needed step in the fight against the campus censorship that’s become so rampant across North America.

Every taxpayer-funded post-secondary institution has until the new year to “develop and publicly post its own free speech policy” based on the University of Chicago principles, the government said.

Since being minted in 2014, dozens of American schools have adopted the Chicago principles, which affirm that “debate or deliberation may not be suppressed because the ideas put forth are thought by some or even by most members of the University community to be offensive, unwise, immoral or wrong-headed.”

None in Canada has, though not for lack of need.

Last year, the University of British Columbia set out to develop its own statement affirming free speech, but after eight months published one that was anything but.

“We must hold in balance concurrent legal and moral responsibilities regarding freedom of expression while providing a respectful, constructive and inclusive environment for all,” the final version said.

This is vexing because of how often campus censorship thrives under the guise of fostering “inclusivity.” When it comes to open debate, these spaces are often as exclusive as can be, depending on what you believe.

It was only last fall when Lindsay Shepherd, a teaching assistant at Wilfrid Laurier University in Waterloo, Ont., was reprimanded in a closed-door witch trial for daring to show a clip from a public affairs television show of Jordan Peterson debating gender identity.

Laurier eventually exonerated Shepherd when its president conceded “numerous errors in judgement” took place in the meeting—including the existence of the meeting.

The only consequences for the school’s attempt to shame and bully a student into submission on ideological grounds came about from the public relations crisis the incident created. That only happened because Shepherd covertly recorded the session.

Laurier would be a lot more reticent to trample on academic freedom if its grant money was in jeopardy.

Ontario’s approach demands that schools ensure free speech not only for faculty and students, but also guests on campus.

Critics have called this approach heavy-handed, arguing free speech isn’t all that free when the state is forcing it. If this was at a private college, I’d agree.

However, these schools are owned and funded by the government, so they should be expected to uphold the same freedoms government is obliged to safeguard.

Unfortunately, Ontario courts have disagreed in recent years. The Ontario Superior Court of Justice has twice ruled that student unions are private non-profits and should be allowed to set out whatever regulations they want.

The judges neglected to consider the monopolistic power student unions are given by administrators to govern student life. If you want to book a speaker or convene a club, you have to go through a student union.

Last year, the University of Ottawa refused to ratify a pro-life club on campus, claiming its mandate was not compliant with the student union’s pro-choice stance.

It was the same university whose provost sent a letter to Ann Coulter in 2010 to “inform” her that “promoting hatred against any identifiable group would not only be considered inappropriate, but could in fact lead to criminal charges,” in advance of an upcoming talk, which ended up being cancelled minutes before it was set to begin after protestors mounted to such a point police could not guarantee anyone’s safety.

A fire alarm was pulled, registration tables were flipped, and entrances were blocked.

In 2010, this was outrageous. In 2018, it’s expected. For that reason alone, it’s easy to say universities—and many of their students—have failed when it comes to free speech.

Clubs that don’t meet certain ideological standards are denied ratification. If they become sanctioned clubs, they’re denied space for events. If they get the space, they have to contend with thousands of dollars in “security fees.” If they manage to do all that, one tug of a fire alarm gets the event cancelled anyway.

This is the all-too-common progression on campuses lacking a commitment to free speech.

The new Ontario policy forces administrators to protect free speech, but doesn’t go far enough when dealing with student unions, only requiring schools “consider” yanking financial support from student groups that don’t play ball.

The Canadian Federation of Students said in a statement that the Ontario government is “forcing (universities) to pick a side in what is a deeply important public debate.”

The “debate” CFS chairperson Nour Alideeb is referring to is that of free speech, which shouldn’t be much of a debate at all on a campus.

Her statement underscores why the policy is so important in the first place. It’s lamentable government must step in to protect free speech, but doing so is the right move.