There is a natural tendency for the arrogance and heavy-handedness of governments to grow based on the length of their hold on power, and the majority they hold in terms of votes.
We saw that with the New Democrats in Saskatchewan not so long ago, a party with a strong hold on the legislature, and a growing disconnect with the needs and vision of many voters.
It got to the point that members of the Liberal Party, the Conservative Party and a few Reform Party supporters for good measure went to a backroom and hammered out a new united party on the right side of the political spectrum.
The Saskatchewan Party was something of a Frankenstein creation, bits borrowed from various other party philosophies with the key focus of being a single party alternative to the NDP in order to get into power in the province.
It worked.
But now the pitfall of heavy-handedness has passed to the current government.
There have, of course, been signs; the disassembly of an industry-run tourism organization in favour of a government centralized entity, the removal of tax incentives for the film industry in spite of the Saskatchewan Chamber detailing it was good for business, and the decision to put down standardbred racing in the province, although again the small subsidy was seen as effectively flowing through the local economy.
And within the last year the situation has become more pronounced in terms of a heavy hand at the controls of government.
There was no forewarning, no consultation, with the province’s municipal government partners in terms of a major clawback of funding in the most recent provincial budget.
A big chunk of that clawback was an abandonment of long-held contracts providing grants-in-lieu paid to municipalities by SaskPower and SaskEnergy.
When the Saskatchewan Urban Municipalities Association suggested the breaking of such contracts might be a matter for the courts, the Saskatchewan Party moved to introduce legislation to block access to a court challenge.
Then when a judicial ruling came down in Saskatchewan that would stop provincial funding for all non-Catholic students attending Catholic schools, the province was quick to reach for a hammer.
While Saskatchewan's Catholic school boards have since come out saying they will appeal the decision, the Saskatchewan Party chose not to go the court route.
Premier Brad Wall has said he will invoke the notwithstanding clause of the Charter of Rights to override a court ruling that threatened to cause layoffs and possible Catholic school closures in the province.
Utilizing the notwithstanding clause sets aside the court ruling for an initial period of five years, which can be extended indefinitely at the government’s option.
Certainly using the notwithstanding clause trumps the possibility of an appeal loss, but a solution should be allowed to emerge from a basis of law, not be imposed by the swing of a constitutional hammer.
Governments need to be wary of believing after a time in power they have all the right answers, all the time, and the latest exhibit of a government slipping into that pitfall is currently ensconced in Regina.
