Why Ford Will Get Away With His Use of Notwithstanding Clause

Regardless of whether you think Ford was right to use the notwithstanding clause, what is not in debate is his right to use it. All the talk about him suspending Charter rights and democracy is rubbish; the Charter specifically gives Premier Ford the right to use the notwithstanding clause. Here is why I think he will go politically unscathed despite using what is called a "nuclear option" on such a small thing.

1. Most polls actually show a broad public support for reducing the size of the Toronto council. At worst case for him, the support is split even. Let's face it: when was the last time you felt we needed more politicians? So Ford is trying to do a thing which has public support.
   
2. All these talks of how "experts" think we need more members in the council and how "experts" have railed against Ford's plans is useless talk. Think about it - these same "experts" have been saying we don't need to expand Toronto subways, we need LRTs. These same experts think we need more taxes. These same experts think Toronto is functioning well but we need to reduce cars in the city. Meanwhile, traffic in Toronto is now at a crisis, commuting takes longer than ever, and the subway across Toronto has been stuck from Kipling to Kennedy for the last twenty years. These same so-called experts have totally failed, and missed the ball. Toronto needed subways twenty years ago, not now. When Ford (and previously his brother) railed against LRTs and said we need more subways, they were right, and the people knew they were right, experts be damned. So if Premier Ford wants to do this to help him build transit in the city, the people are going to be behind him.
   
3. The notwithstanding clause was specifically meant to be used in cases of judicial overreach, or an activist jury. And this is precisely what we have here. I mean, which judge uses the word "crickets" in his statement? His disdain for Ford showed through every word of his ruling. Like it or not, Ford as Premier has the right to overrule City Council any time. The cities are creatures of the province. Yes, the writ has dropped for municipal elections, but that doesn't mean anything. The judge specifically said this law limited candidate's freedom of expression - which doesn't even make sense. An appeal process would take far too long - hence comes the "nuclear hammer" or the notwithstanding clause.
   
4. Ford was elected by Ontario. You can say that most people don't vote or complain about the FPTP system, but the fact is that this guy was elected with a majority mandate and he has the right to go ahead with his agenda. Four years later, he will be judged by the public on this. Using the courts to stall and delay what is not essential attacks on Charter rights is just a stalling tactic and the general public gets it, even if the elites at Toronto Star don't.

At the end of it all, Ford will be judged on whether he got transit built. He is right when he said John Tory talked a lot and got nothing done (*cough* SmartTrack *cough*). So let's give Ford a chance and see if he can get something done.

A New Streetcar Everyone Desired

The Toronto Transit Corporation (TTC) had been teasing us about the new streetcars for a year now. They were supposed to be accessible, air conditioned, quieter, smoother and so on. I knew that they would be rolling out the new streetcars on the Spadina route on Aug 31, 2014. Two days before that, I was thrilled to get a glimpse of the new streetcar while they were testing it.

It really looked slick. It was futuristic and looked completely different than the streetcars currently used in service. I couldn't wait for Aug 31 to come.

On September 1, Labour Day, my brother and I decided to head downtown for some work. We would be using the Spadina route. As we waited for our streetcar to come, I was disappointed to see they were still using the old streetcars on the route. I asked someone with a TTC badge, and they replied initially there was only 2 new models on the route; the rest would be rolled out gradually. Something about a workers' strike at the Bombardier plant. Ah, strikes - the price of freedom and labour equality and all that stuff. Grunting a sigh, I boarded the old streetcar.

Yesterday, September 3, I stepped off the subway platform at Spadina and saw a huuuuuuge lineup for the streetcars. What was going on?

It turned out that it was just a regular rush hour crunch. We were all waiting for streetcars. I was wondering - would I get to ride the new streetcar?

YES! Suddenly the new streetcar rolled into the station. Almost immediately everyone headed for the doors. There was no time to take a picture - I had to board. I was in! Once seated, I noticed just how big (and spacious) this new streetcar was. This one streetcar had almost four times the capacity (or even more - I am estimating) of the old streetcar. It was crowded, but not suffocating.

And then, it was my stop. My ride lasted a mere 4 quick stops, and it was over before it had begun.

Hmm. I thought. That was great (it was a very smooth ride) but how do I get to ride one again? I had the lunch hour coming up, and I have a transit pass that allows me unlimited rides, but I knew there was only 2 new streetcars on the route. I didn't want to spend 30 minutes waiting streetcar after streetcar until the one I wanted came by.

Enter the Internet. So there is this website that lets you know where the next streetcar is, and if it's the new one or not. I love living in the First World where this sort of thing is possible. I picked a time a little after lunch hour, when I thought the car would be less crowded, monitored the map, and then headed out for the stop.

And old streetcar came ambling by.

I let it go. I noticed that they had installed new fare machines on each stop, and there was a TTC person on hand to explain the machine to riders. And then I saw the new streetcar come into view.

I got in! My plan was to ride it to the Spadina station and then back again to my stop. Boy was it spacious inside. It almost felt like I was in a train or an LRT instead of in a streetcar. There was a streetcar route map on board. By 2019, every one of those routes would have these modern streetcars.

 

Surprisingly the streetcar was fairly packed. Not quite full, but not empty either. Talking to some people I found that like me, they had especially waited to board this new streetcar.

There were displays for the street name, and even an announcement of every stop. Besides, if someone requested a stop, you would see the signal light up. Very good UI.

 There was that familiar yellow strip bar to press in case of emergencies. Just like the train.

Big windows and doors let in maximum sunlight, thus creating a roomy feeling. The floor was quite low, and yet the ride was very smooth. You would not even hear the wheels against the rails. I guess the true test would come in the years ahead - the older streetcars had been plying the roads for over 30 years.

And then the streetcar got to Spadina station. This was the terminus stop. I would probably have at most a minute as the passengers unloaded, and moved away, before the next set of passengers would load. Time to take some pictures of the now empty streetcar.

It was long. The new streetcar has 5 modules, and is almost 30 metres in length. This is more than 4 times the length of the older streetcar.

The driver no longer collects the fare. You pay your fare on these new machines that takes tokens or cash. You can board through any of the doors now (which prevent the jamming up at the front problem that occurs on regular streetcars as people don't move to the empty space at the rear). I wondered what would happen on a really crowded car - how would you get to the fare machine? The answer - every stop on route has a fare machine, as well as the stations.

 

See the blue seats? That's part of the new designated Priority Area for customers with wheelchairs and other mobility devices. Besides, the new streetcar has a low floor, and is accessible to all by a ramp that is deployed by operators when requested (you push the illuminated blue accessibility button on the second set of doors). As folks were now starting to board, I got to see the new ramp in action.

It soon got busy again as the streetcar started to head back down Spadina.

Everyone was taking pictures of the new ride and enjoying the roomy seating and the bright, big windows.

I moved to the end of the streetcar and saw a button on the door. I asked one of the TTC folks (helpfully seated there to orient riders with the features of the new car) on why this button was there. He replied that this will open the door of the car at the stop. On busy routes at rush hour, all the doors automatically open, so I wouldn't need to press the button. However, at night or if the streetcar isn't on a busy route, doors may remain shut unless there are passengers waiting to exit. I like it.

Soon it was my turn to exit. All in all, it was a great ride, and makes for a much better transit experience. And to think this is what some people who hated streetcars fought against! I can't wait until they replace the whole fleet on every route with these new vehicles.

Note: All pictures taken with my Google Nexus 4 phone camera.

3 Reasons Why Olivia Chow Continues to Sink

And no, it has nothing to do with Warren Kinsella, however much you despise the man.

A week is a long time in politics, and Olivia Chow still has roughly seven weeks to work with. It could still happen that after the night of Oct 27, 2014, we could be talking about "Chow time in Toronto". This, despite the fact that she is polling third, behind Rob Ford, and an almost out of reach John Tory at first, after Labour day. Rob Ford could still have a "drunken stupor". Tory could, well, be a Tory - and propose something silly like funding for transit for the religious or something.

However, barring an upset of epic proportions, the one time front runner Olivia Chow is going to be an also-ran in this year's municipal elections, and John Tory (who entered the race a distant third) is going to be Toronto's next mayor. Here is why.

Transit, and Scarborough

Transit is the number 1 issue on the minds of Torontonians. When David Miller was mayor, he worked out a deal with the province that would have LRTs across the city, especially Scarborough. He dubbed the plan "Transit City". At last, something was going to get done. Then along came Rob Ford, and he killed that plan, and we started all over again. Everyone now wanted a subway. The provincial election happened, and all the pro-subway candidates got elected. The province said fine, we will give you your subway.

So now, finally, we have a deal to have a Scarborough subway, and along comes Olivia Chow, to kill that plan, and go back to LRTs. Folks in the city want this endless flip flopping to stop, and just build something. Anything. Even if a 3-stop subway is less effective than a 7-stop LRT, so be it - just don't keep changing the plans. Olivia Chow doesn't get that. In her plan, she would keep the tax increase that was to pay for the subway, but kill the subway. That is a losing proposition from day one.

Even with the rest of the city, Olivia Chow has no subway plans, except a small downtown relief portion, when clearly going underground would be the best way to move everyone. Yes, there is a cost to it. Olivia Chow would have LRTs, and more buses. More buses?!!! That's just adding to the gridlock.

Against this, John Tory's SmartTrack proposal sounds logical, doable, and well thought out. He started from the gate early on with this proposal and it had the whole summer to build traction. Yes, some has called it "snake oil", but crucially, he seems to have the backing of the Liberal government at Queen's Park. Tory's plan connects the city right across from Mississauga to Markham, and is ambitious, sexy and everything that Chow's plan is not. And the day Chow did decide to release her own transit map, along comes Warren Kinsella to cause a ruckus by labeling Tory as a "segregationist". Dumb, dumb move, yes, but Chow's real problem with transit starts way before that.

Chow is not a great speaker

You may be really good, sincere and honest. You could be hardworking with a lot of great ideas. You could be this and that - but you need to be able to communicate your ideas and experience. You need to be articulate. You need to have charisma.

Olivia Chow, sadly, doesn't. When she speaks, all you want to do is turn the TV off. She can't communicate her platform properly. Her sentences are sometimes wrong grammatically. She cannot give an inspiring speech to save her career. On the stump she comes across as wooden, irritated and rehearsed. She only needs to look at Barbara Hall and Stephane Dion to see how careers were destroyed by the inability to string a coherent sentence together with charisma.

Chow's Platform is too unfocused, and does not resonate

What's Rob Ford about? Subways (and crack).

What's John Tory about? Smart Track.

What's Olivia Chow about? Err ... purple?

Even her platform website is too unwieldy. She has too many ideas out there, and no focus on a single one. And caring for kids - who in Toronto really cares about the breakfast program, for which she would raise Land Transfer taxes? When I was a kid I ate my breakfast at home. She should have focused on a handful of issues that most Torontonians actually cared about, and not about 20 issues. Whoever is running her campaign and advising her needs to be fired.

So now, it's September 4, and Olivia Chow has about seven weeks to rescue her floundering ship. It will be an interesting election day on Oct 27, 2014.

John Tory's Transit Plan

I just read through John Tory's massive and comprehensive One Toronto transit plan that can be found at http://onetorontotransit.ca/ . Here's my take on it.

Pros:
1) It is completely aligned with the Liberal and NDP election platforms and Metrolinx plans, so there would not be any fight for changes.
2) It tackles problems that other candidates never talk about, such as people living in cities next to Toronto, and about people who currently have no option BUT to drive.
3) It is comprehensive and not just downtown centric. Scarborough folks have a lot to be happy about.
4) It is far more detailed and shows Tory has spent time thinking about all angles, as opposed to Olivia "Just Have More Buses" Chow.

Cons:
1) It depends on the province and Metrolinx to follow through on their plans without any cutbacks. Ya, that's happening.
2) It depends too much on Go Transit being cooperative, as Tory would use their tracks. Ya, right.
3) Biggest Flip-flop Ever on "downtown relief line" being his "number one priority".

Overall, it is good to see a candidate release a thorough and thought-out transit solution, rather than the Band-Aid solutions being offered by other candidates.

Rocco Rossi - FAIL!

I have not made an in-depth analysis of Rocco Rossi's proposals yet. But anyone who targets to stop Transit City, which is Miller's only worthwhile initiative that I can fight for, is a FAIL! candidate.


Anyone who wants to stop Transit City is not fit to be mayor of Toronto.

Listerio-gate and the $70 billion plan

Elections are all about moments.

Today, Dion had two moments gift-wrapped to him.

The first - Dion's 70 billion dollar plan to invest in infrastructure. By all counts it's a winning plan and it's a great plan.

1) In times of recession (which is what we are under now regardless of what Flaherty says), the government should spend in building infrastructure (roads, transits, etc) as these are great for not only helping you out of recession, but for future needs.

2) Who can say no to more transit and roads and bridges?

3) And where's Harper's plan to tackle Toronto's crowded streets and Montreal's crumbling bridges?

The second, a cabinet minister who jokes about people dying. I saw one post title on Liblogs that captured the sentiment perfectly.

HOW DO YOU JOKE ABOUT SOMETHING LIKE THIS?

Even Bill Carol on 1010 CFRB in the morning (a strong conservative) was aghast at this guy. This is a resignation offense. I would attack Harper in the debates with this.

"You had the option sir. You could have fired him. You chose not to."

Sensitivity Training For Pearson Staff

The Toronto Star is reporting that Canada Border Services Agency is putting officials through sensitivity training so they can appropriately deal with Arab and Muslim travelers.

This is of course welcome news. As a manager we personally negotiate or deal with people of other cultures all the time - and thus we take cultural sensitivity training. For example, in North America when people negotiate, the terms are usually very clear and everyone is eager to get a deal and time is a constraint. We don't mix business with pleasure. However when you negotiate with the Mexicans or Indians, they like to take their own sweet time. This is NOT a delaying tactic - they have a culture of getting to "know" the person they are dealing with and cultivating relations. Time is fluid and "there is always tomorrow" and a deal may not be very specific in the details.

Once you KNOW this, then you know this is something you can always use to your advantage. Sensitivity training never hurt anyone. Thus I find the attitude of the union representative in the article very selfish, self serving and borderline racist (no pun intended).

I do think that once they become a Canadian and they live among us, that they should pick up our ways and not have us picking up their ways.

Let alone the fact that some Arabs and Muslims may be travellers and not Canadian, so they DON'T have to "act Canadian" (whatever that means). Sensitivity training actually helps border agents do a better job.

For one, they don't waste their time on nothing cases. To quote the example in the article, many Muslim women come from cultures where they don't look an authority figure in the eye as a sign of respect. So while she is respecting you, you think she has something to hide and pull her over for scrutiny. So of course she is going to feel discriminated again, while you merely did your duty by acting on a valid suspicion (which you SHOULD do). She will them complain and an inquiry will be filed against you and you will go through the whole rigamarole at the end of which you will be found not guilty and she will be unhappy and you will be unhappy at going through the ordeal. So in the end, having that piece of cultural insight would have been good and advantageous for all concerned.

Second, WHY in God's name would you object to being paid by work for NOT doing work? We used to love those courses our offices sent us on, as that meant taking a paid break while relaxing in a course and eating free food. Me thinks the border guards doth protest too much.

[the Toronto Star]

A Brown Man Fighting A Court Discrimination Case

My friend Liya's uncle is fighting a discrimination case today. Please head over there and give her your support.

This shit really pisses me off, especially after the Vancouver airport taser event.

And what pisses me off even more is the attitude of some people who then go "oh our police/security can do no wrong the guy must have deserved it, they get a lot of shit for doing their job".

Too Bad He's Not A White Blond Female

It's time we took gun crimes seriously.

Yesterday 16-year-old Keyon Campbell was shot down on his driveway as he attempted to start his mom's car [Star]. Police think it's a case of mistaken identity - Campbell's a smart, student, employed, an avid basketball player, did not have a problem with the law and even starred in a short documentary as a boy on the right track - in short, all strikes against the negative stereotype of a young black man.

And he was shot down in cold blood in front of his house.

Police are of course clamoring to solve the case, but it's time gun crime is taken more seriously at higher levels.

When the Harper government came to power I thought finally we would have someone with the balls to do something about gun crime. Let's face it, Paul Martin's good-for-nothing plan to ban guns that were already banned was an act of desperation.

Yet now, nothing seems to have worked, in fact Toronto is on course to break it's 1991 record of 89 homicides, mostly with guns. School fights are now not settled with a punch-up but a shoot-out. What sort of society is this?

I don't think Campbell's death will strike much into public consciousness. Another black kid shot, most will think, besides he wasn't shopping downtown on Boxing Day and where's his dad? Those were what I thought as I read that story.

But his death DESERVES to be in the public conscious. It SHOULD spearhead an effort to cut down the illegal guns brought in from the States. And it SHOULD result in demands for greater punishment against perpetrators of gun violence on our streets.