Raymond J. de Souza: Will we still be skipping the democracy post-pandemic? – National Post
Breadcrumb Trail Links
When does a crisis response become a permanent shift in democratic culture?
Author of the article:
Publishing date:
Skip-the-democracy, anyone? Uber edicts?
Life will not be the same after the pandemic. Companies will do more meetings via video call than in person, saving tens of thousands of dollars for corporations and putting thousands of low-paid hospitality staff permanently out of work. Restaurant workers might face the same predicament. What will happen to those Korean barbecue places, which have you cook their food in their restaurants, when all sorts of services will deliver their food for you to cook at home?
Will our democracy be the same?
We have lived a year in which parliamentary democracy and judicial review have been almost entirely usurped by decrees. Much of that has been by the cabinet, using its regulatory powers under various public health and quarantine laws. Other decrees have been made by public health officials themselves, who are not elected.
These measures have largely not been debated in the legislatures, even ex post, let alone ex ante. Very few measures have been passed by statute, let alone been subject to the usual committee hearings and review.
This advertisement has not loaded yet, but your article continues below.
Will our democracy be the same?
It took almost a year before any of the measures were tested in court for their constitutionality.
Fair enough, emergencies are emergencies and all governments are permitted to move quickly when needed. Democracy can be slow; indeed, it is meant to be slow enough to permit dissenting views to be heard, for debates to be had, for a consensus to develop.
After a year though, when does an emergency mentality shift simply into a change of mentality altogether? When does a crisis response become a permanent shift in democratic culture?
The peoples will has not been thwarted, at least according to survey data. Pandemic restrictions have proved massively popular. There is a considerable constituency which desires more severe and longer measures. It would appear that, in numerical terms, the stricter constituency is larger than those arguing against the lockdowns.
Governments accustomed to imposing their will by fiat, enjoying enormous public support in doing so, may not be so keen to go back to the messiness of parliamentary government. Much more congenial to be a pharaoh than a first minister. At least for the pharaoh.
This advertisement has not loaded yet, but your article continues below.
Indeed, in Ontario, a member of the government caucus, Roman Baber, wrote an open letter expressing his disagreement with government policy. His view was certainly in the minority, but was hardly out of the mainstream of global pandemic debate. He was tossed out of caucus by Premier Doug Ford. I doubt Ontarios premier-cum-pharaoh will pay any political price for that; if anything it was the popular move. But will our political system pay a price, when the governing party does not have room for a modest range of views?
Courts always lag behind legislatures in acting as a check or balance to the exercise of government power. But a year is a long time for fundamental freedoms to be restricted without sufficient review. That is not so much a court problem as a democratic culture problem. Courts can only deal with cases brought to them by aggrieved parties. Canadians, by and large, are not aggrieved.
British Columbia abolished religious freedom last November, and that case was heard in March. The government prevailed on restricting religious liberty, but was told it could no longer ban outdoor protests. This week, a coalition of evangelical churches is challenging Manitobas restrictions in court. Thats about it on the court front.
This advertisement has not loaded yet, but your article continues below.
Much more congenial to be a pharaoh than a first minister
Canadas charter does not offer absolute protection of fundamental freedoms. Section 1 makes those rights subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Reasonable limits? A healthy democratic culture permits a discussion about that. Shutting down alternative views in the name of the science at least until the science changes means that reason has been subjugated to politics more often than we would like to admit. That is what the Charter is supposed to prevent.
Prescribed by law? Does extended government by decree meet that standard? It likely does meet a minimal legal standard. But the political culture witness the federal government exempting itself from presenting any budget to Parliament in 2020 is moving away from prescription of law to the proclivities of the powerful.
Demonstrably justified? The constitutional standard requires that abrogating fundamental freedoms must not only be justified, but demonstrably so. Its not enough to simply say that saving lives is the overriding concern. It must be demonstrated. In a court action, that means to the satisfaction of the judges. More broadly, in a healthy democracy those making the decrees ought to demonstrate to the citizenry that emergency suppression of rights is required, and is being done in the least burdensome manner possible.
A free and democratic society? The charter presumes that Canada is such. It has been much less so during the pandemic, for understandable reasons. But will it remain free and democratic afterward?
National Post
The big issues are far from settled. Sign up for the NP Comment newsletter, NP Platformed the cure for cancel culture.
This advertisement has not loaded yet, but your article continues below.
This advertisement has not loaded yet, but your article continues below.
Sign up to receive the daily top stories from the National Post, a division of Postmedia Network Inc.
A welcome email is on its way. If you don't see it please check your junk folder.
The next issue of NP Posted will soon be in your inbox.
We encountered an issue signing you up. Please try again
Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. Comments may take up to an hour for moderation before appearing on the site. We ask you to keep your comments relevant and respectful. We have enabled email notificationsyou will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. Visit our Community Guidelines for more information and details on how to adjust your email settings.
Read more from the original source:
Raymond J. de Souza: Will we still be skipping the democracy post-pandemic? - National Post
- My guide to populist-proofing your democracy before its too late | Timothy Garton Ash - The Guardian - November 26th, 2025 [November 26th, 2025]
- Can democracy survive without reading? - WBUR - November 26th, 2025 [November 26th, 2025]
- We shouldnt expect democracy to last for ever - The Times - November 26th, 2025 [November 26th, 2025]
- Rebuilding the Arsenal of Democracy - Hoover Institution - November 26th, 2025 [November 26th, 2025]
- The small fights for democracy are the epics of our time - Alabama Reflector - November 26th, 2025 [November 26th, 2025]
- Celebrating the Inter-American Democratic Charter: Advancing Democracy and Prosperity in the Americas - International IDEA - November 26th, 2025 [November 26th, 2025]
- Policy Violence: ICE Raids & Shredding of Social Safety Net Are Linked, Says Bishop William Barber - Democracy Now! - November 26th, 2025 [November 26th, 2025]
- Eugenia Mitchelstein on whether public skepticism of the press could actually be good for democracy. - Columbia Journalism Review - November 26th, 2025 [November 26th, 2025]
- Democracy Looks Pretty Ordinary And Thats What Makes it Extraordinary - Seed World - November 26th, 2025 [November 26th, 2025]
- Ending Violence Against Women: Strengthening Democracy Is Part of the Solution - International IDEA - November 26th, 2025 [November 26th, 2025]
- This Week in Democracy Week 45: Trump Gets Away With Efforts to Overturn 2020 Election Again - Zeteo - November 26th, 2025 [November 26th, 2025]
- Stacey Abrams on writing, AI and democracy - Oregon Public Broadcasting - OPB - November 26th, 2025 [November 26th, 2025]
- The Epstein Class: Anand Giridharadas on the Elite Network Around the Sexual Predator - Democracy Now! - November 26th, 2025 [November 26th, 2025]
- This Week at Democracy Docket: Trumps Texas Gerrymander Blocked, and the GOP Calls ICE on Signature Gatherers - Democracy Docket - November 26th, 2025 [November 26th, 2025]
- Musings on the state of our democracy - Great Bend Tribune - November 26th, 2025 [November 26th, 2025]
- Memo to the Secretary of State: In the upcoming Honduran elections, democracy and US interests are at stake - Atlantic Council - November 26th, 2025 [November 26th, 2025]
- Governments and stakeholders reaffirm environmental democracy as cornerstone for tackling the triple planetary crisis - UNECE - November 26th, 2025 [November 26th, 2025]
- The Guardian view on the peers lobbying scandal: Lords reform is a vital step for restoring trust in democracy | Editorial - The Guardian - November 26th, 2025 [November 26th, 2025]
- From revolution to democracy - Plymouth Review - November 26th, 2025 [November 26th, 2025]
- AI in Journalism and Democracy: Can We Rely on It? - Impakter - November 26th, 2025 [November 26th, 2025]
- Divided We Fall: Antisemitism and Democracy in Crisis with Moment Institute Fellows - Moment Magazine - November 26th, 2025 [November 26th, 2025]
- Democracy at the Microphone: A conversation with journalist Lulu Garcia-Navarro - Massachusetts Daily Collegian - November 26th, 2025 [November 26th, 2025]
- Human Rights and Democracy - Netherlands and you - November 26th, 2025 [November 26th, 2025]
- Democracy Is in Trouble. This Region Is Turning to Its People. - The New York Times - November 23rd, 2025 [November 23rd, 2025]
- Americans like democracy, but dont believe it or US institutions are working well, poll finds - AP News - November 23rd, 2025 [November 23rd, 2025]
- Democracy in Peril: Chairwoman Salazar Highlights Urgent Threats to Honduras Elections - House.gov - November 23rd, 2025 [November 23rd, 2025]
- This is how democracy should work, hope to see this in India: Shashi Tharoor lauds Trump-Mamdani meet - Deccan Herald - November 23rd, 2025 [November 23rd, 2025]
- The democracy we want, and the one we see - Civic Nebraska - November 23rd, 2025 [November 23rd, 2025]
- How Has War Shaped American Democracy? - American Academy of Arts and Sciences - November 23rd, 2025 [November 23rd, 2025]
- Rebuilding Democracy in the Age of Brain Rot - The Fulcrum - November 23rd, 2025 [November 23rd, 2025]
- Exclusive: Cleta Mitchell, Activists Scheme to Bring Back One-Day Elections - Democracy Docket - November 23rd, 2025 [November 23rd, 2025]
- McKenzie: Identities that make room for others strengthen our democracy - Dallas News - November 23rd, 2025 [November 23rd, 2025]
- Trump's Clemency for Giuliani et al Is Another Effort to Whitewash History and Damage Democracy - The Fulcrum - November 23rd, 2025 [November 23rd, 2025]
- House Votes to Claw Back Provision Allowing Senators to Sue over Jan. 6 Investigations - Democracy Now! - November 23rd, 2025 [November 23rd, 2025]
- Letter: Democracy survives only when we refuse to be silent - Anchorage Daily News - November 23rd, 2025 [November 23rd, 2025]
- Demonizing Netanyahu wont save democracy, only listening to the voters will - opinion - The Jerusalem Post - November 23rd, 2025 [November 23rd, 2025]
- The greatest threat to democracy is the fear of the future, said Raya Nazaryan at the Parliamentary Forum on Democracy in Brussels - European Newsroom - November 23rd, 2025 [November 23rd, 2025]
- From DMs to Democracy: Gen Zs New Blueprint for Civic Action - The Fulcrum - November 23rd, 2025 [November 23rd, 2025]
- This Week in Democracy Week 44: Trump Defends MBS, Berates Women Journalists, and Accuses Dems of Sedition 'Punishable by DEATH' - Zeteo | Substack - November 23rd, 2025 [November 23rd, 2025]
- CDC Website Altered to Promote False Claim That Vaccines Cause Autism - Democracy Now! - November 23rd, 2025 [November 23rd, 2025]
- California Democrats are the threat to democracy they fear - Orange County Register - November 23rd, 2025 [November 23rd, 2025]
- Americans like democracy, but dont believe it or US institutions are working well, poll finds - Racine County Eye - November 23rd, 2025 [November 23rd, 2025]
- A victory not just for the press but for democracy | Opinion - The Seattle Times - November 23rd, 2025 [November 23rd, 2025]
- The State of Democracy 2025: Fake news, lack of accountability, extremism and corruption seen as top threats to democracy across Europe and the US -... - November 16th, 2025 [November 16th, 2025]
- Ken Burns The American Revolution explores the beginnings of the nations democracy - PBS - November 16th, 2025 [November 16th, 2025]
- Polls of western countries find deep dissatisfaction with democracy - The Guardian - November 16th, 2025 [November 16th, 2025]
- Delhis pollution is a crisis of democracy as much as public health, citizens say - France 24 - November 16th, 2025 [November 16th, 2025]
- Democracy in action: A civil tongue helps to get things done at the local level | OPINION - Cape Cod Times - November 16th, 2025 [November 16th, 2025]
- This Week at Democracy Docket: The GOP Wants One-Day Elections, and Setbacks for Trumps Gerrymander Scheme - Democracy Docket - November 16th, 2025 [November 16th, 2025]
- In Conversation With Ken Burns: Americas Story of Revolution, Liberty, and Democracy - The Pew Charitable Trusts - November 16th, 2025 [November 16th, 2025]
- The American Revolution and the Story of Democracy - The Pew Charitable Trusts - November 16th, 2025 [November 16th, 2025]
- Dems Are Right: Trump Is Undermining Democracy. So Is Their Partys Right Wing. - Truthout - November 16th, 2025 [November 16th, 2025]
- Ultra-rich media owners are tightening their grip on democracy. Its time to wrest our power back | Robert Reich - The Guardian - November 16th, 2025 [November 16th, 2025]
- Longings that bind us: Recognition, art, democracy, and the search for home - PBS - November 16th, 2025 [November 16th, 2025]
- Gunboat Diplomacy: U.S. War in Latin America Feared as Hegseth Launches Operation Southern Spear - Democracy Now! - November 16th, 2025 [November 16th, 2025]
- Why Nations Thrive: Qualities Explaining the Health and Survival of Democracy - Arizona PBS - November 16th, 2025 [November 16th, 2025]
- Bringing Education and Democracy Together - Civic Media Radio - November 16th, 2025 [November 16th, 2025]
- Experts Map Irans Path from Dictatorship to Democracy in Transition Strategy Panel - National Council of Resistance of Iran - NCRI - November 16th, 2025 [November 16th, 2025]
- Jan. 6 lead investigator says apathy is the real threat to democracy in new book - New Hampshire Public Radio - November 16th, 2025 [November 16th, 2025]
- Ken Burns explores the beginnings of the nation's democracy - THIRTEEN - New York Public Media - November 16th, 2025 [November 16th, 2025]
- Iraqs 2025 elections reveal a democracy without belief - The Conversation - November 16th, 2025 [November 16th, 2025]
- Tracy Hunt: Democracy Is for All of Us, Not Just the Party Insiders - Bucks County Beacon - November 16th, 2025 [November 16th, 2025]
- UMass Amherst Host Democracy at the Microphone: A Conversation with Lulu Garcia Navarro - MassLive - November 16th, 2025 [November 16th, 2025]
- The FCCs News Distortion Policy should be rescinded - Protect Democracy - November 16th, 2025 [November 16th, 2025]
- Democracy at the Microphone: A Conversation with Lulu Garcia-Navarro - Amherst Indy - November 16th, 2025 [November 16th, 2025]
- This Week in Democracy Week 43: The President, the Pedophile, and the Cover-Up - Zeteo | Substack - November 16th, 2025 [November 16th, 2025]
- In a real democracy listening is better than domination | Opinion - The Topeka Capital-Journal - November 16th, 2025 [November 16th, 2025]
- Sherrilyn Ifill speaks on reimagining American democracy - The Daily Nexus - November 16th, 2025 [November 16th, 2025]
- Triumph for representative democracy in decision to preserve existing congressional districts - WNDU - November 16th, 2025 [November 16th, 2025]
- Ken Burns explores the beginnings of the nation's democracy - Cascade PBS - November 16th, 2025 [November 16th, 2025]
- The judge who quit to save democracy and send a ripple of hope - Yahoo - November 16th, 2025 [November 16th, 2025]
- Georgia is dousing the last embers of democracy - The Economist - November 10th, 2025 [November 10th, 2025]
- Is Redistricting Ruining Democracy? - The Free Press - November 10th, 2025 [November 10th, 2025]
- This Week at Democracy Docket: A Major Win for Democracy and the Coming Attack on Mail Voting - Democracy Docket - November 10th, 2025 [November 10th, 2025]
- Five Ways Tuesdays Results Will Affect Voting Rules and Democracy - boltsmag.org - November 10th, 2025 [November 10th, 2025]
- Federal Judge, Warning of Existential Threat to Democracy, Resigns - The New York Times - November 10th, 2025 [November 10th, 2025]
- How Ranchers and Grassroots Organizers Are Shaping Democracy in Wyoming - The Fulcrum - November 10th, 2025 [November 10th, 2025]
- Why Liberals Do Not Understand the Value of Democracy - Hungarian Conservative - November 10th, 2025 [November 10th, 2025]
- Ali Velshi: Democracy is built by people who show up even when the odds say they shouldnt - MSNBC News - November 10th, 2025 [November 10th, 2025]
- Eagles Keep Democracy Rolling on Election Day - University of Mary Washington - November 10th, 2025 [November 10th, 2025]