Looking through the government documents made available to the public during the court challenge on the government’s niqab ban during citizenship ceremonies, a pattern emerges quickly – that the department knew this was a non-starter, and they tried to offer alternatives for accommodation. Jason Kenney, the minister at the time, would have none of it, and pressed ahead anyway. And lo and behold, he used an instrument to implement a ban that was out of order. The Federal Court has said so, and the Federal Court of Appeal upheld it in a ruling from the bench, and this didn’t even touch the Charter arguments. But it shouldn’t be a surprise given the frequency at which this government’s legal and constitutional positions keep getting struck down by the courts, whether it’s with certain mandatory minimum sentences, or the Senate reference. People wonder what kind of legal advice they’re being given, and as this particular case clearly demonstrates in the documents, they’re being told that their positions don’t hold water – and yet they push ahead anyway. As we saw in the Duffy trial that the government created their own legal advisor position within the PMO, never mind that they have the Department of Justice who should be providing them with legal advice. The plain reading of what this means of course is that they didn’t like what Justice had to tell them, so they found a workaround to give them legal advice they found was more palatable. It all seems like such a waste of time, energy and taxpayer’s money – this from a party who insisted that they were going to put an end to waste in government.
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