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Alberta Premier Danielle Smith speaks during a press conference at the Western Premiers’ Conference in Kananaskis, Alberta on Tuesday, May 26, 2026.

There have been some high-profile disagreements between Alberta and Ottawa in recent years over where provincial jurisdiction ends and federal jurisdiction begins.

The feds prevailed in the battle over the consumer carbon tax, while Alberta scored a major victory against parts of the Impact Assessment Act. The dispute over the Clean Electricity Regulations was rendered moot after the Carney government agreed to put that scheme on hold as part of the Alberta-Ottawa MOU.

And indeed that MOU seemed indicative of a new era of improved relations between Alberta and Ottawa that’s been building over the last eighteen months.

However, there is now a new battle brewing in a realm that is unambiguously provincial jurisdiction: health care.

The Alberta government is moving ahead with plans to allow certain physicians to practice in both the public and private health care systems. To participate, physicians would be required to work a minimum number of hours within the public system.

None of this will involve life-saving treatments, such as cancer surgeries. Nor does it involve family doctors. For now, the allowed procedures cover those already available at non-hospital surgical centres, such as cataract surgery, hip and knee replacements, and hernia repair.

This is all set to launch next month, although the specifics are still being hammered out around the number of hours doctors will be required to spend in the public system. The province says it will likely vary, based on region and specialty.

The jury is obviously still out on whether or to what extent this will improve health care delivery or outcomes in Alberta, and on whether Albertans are on board with this change. Premier Danielle Smith has been ambitious in her reforms and overhaul of health care, but Albertans don’t yet seem convinced that things are on the right track.

But ultimately it is Alberta voters that will judge all of this. Yes, it’s audacious, bold, controversial, unprecedented, or any number of other possible adjectives. One thing it’s not, however, is any of Ottawa’s business.

Nevertheless, the feds are making it their business. Federal Health Minister Majorie Michel has confirmed she fired off a letter to her Alberta counterpart conveying that she is “very concerned” about this plan and told the the Toronto Star she doesn’t “know how it can work within (the Canada Health Act).”

Premier Smith fired back this week, posting on social media that they “expect the federal government to respect Alberta’s jurisdiction and its authority to determine how health care is delivered.”

Smith also points out an important fact in all of this: “Alberta’s dual practice model does not violate the Canada Health Act. The Act does not prohibit private practice outside the publicly insured system.”

Now, it’s conceivable that a dual practice model could run afoul of the Canada Health Act. But the issue isn’t the existence of private health care providers, but rather the expectation that Canadians not be forced to pay out of pocket for insured medically necessary services. Smith maintains that “Albertans never have to pay out of pocket for medically necessary care.”

The Canada Health Act doesn’t erode provincial jurisdiction in this area, and it’s not some law of the land that mandates how provinces must deliver health care. Essentially, the Canada Health Act is the details of the strings-attached federal health care funding. If provinces want money for health care, Ottawa has its own conditions.

So, no, the feds can’t step in and block or veto Alberta’s reforms. The most Ottawa can do is withhold federal health transfers.

Putting aside the obvious national unity implications of such a move, it’s rather counterproductive to respond to concerns about access to health care by reducing overall health care funding.

As it stands, there is nothing that prohibits Alberta’s model as it’s currently structured. If there was, surely the federal minister would point it out, rather than resort to vague concerns and implied threats.

So what is the point of the letter? Despite the very clear lack of federal jurisdiction, the federal Liberals have long tried to portray themselves as the true defenders of Canadian health care through exactly this sort of political grandstanding.

That’s not to say Alberta has necessarily found the answer to fixing health care, but the difficult work of actually delivering care and convincing the public to accept changes to our broken status quo falls to provincial governments. Ottawa merely preaches from the sidelines.

There should be much more tolerance and flexibility in allowing provinces to experiment with alternative models of delivery. We’re so myopically focused on avoiding “American-style” health care, that we forget there are many other models and systems we could learn from or emulate.

Not everyone will be convinced, obviously. The irony though, is that by calling on the feds to intervene and shifting the underlying political dynamic, it will actually be harder to thwart Smith’s plans.

As noted, public opinion polls have not been favourable when it comes to the premier’s handling of health care. The governing United Conservative Party is on much steadier political ground when they’re taking on — or “standing up” to — Ottawa. They’d be much more comfortable if this turned into an Alberta vs. Ottawa fight.

The backlash to a financial penalty from Ottawa would be immediate and intense, especially with so much focus at the moment on how much Alberta contributes to Confederation. Furthermore, the idea that Alberta voters need to be protected from themselves would be another slap in the face.

This kind of federal intervention should be an absolute last resort; one which is not warranted here. If the federal health minister is inclined to worry about or watch closely what’s happening in Alberta, she’s free to do so. But spare us the sanctimonious letters and lectures.

The province’s voters are capable of holding the provincial government to account on a matter of provincial jurisdiction. Ottawa should butt out.

Rob Breakenridge is a Calgary-based podcaster and writer. He can be found at robbreakenridge.ca and reached at rob.breakenridge@gmail.com


Ontario's real scandal is how political parties enrich themselves at taxpayers' expense at levels that are out of sync with the rest of Canada, writes Randall Denley.

Ontario Premier Doug Ford and his PC party have taken some heat lately for squandering taxpayer-supported political donations, and rightly so. It’s difficult to justify spending $3,000 to snoop on Liberal leader Bonnie Crombie in Jamaica . Then there was the revelation that some cabinet ministers’ riding associations spent thousands of dollars on lavish dinners , and even an axe-throwing event.

The real scandal, though, is the way Ontario political parties enrich themselves at taxpayers’ expense at levels that are out of sync with what’s happening in the rest of the country.

In defending the Jamaica adventure, Ford referred repeatedly to “the party’s money,” but every dollar the party receives is subsidized by the public, whether it’s through a donor tax credit or a per-vote payment.

Ontario has one of the highest political donation limits in the country, the most generous tax treatment for donors, and the highest per-vote subsidy.

Donor contributions to federal parties are limited to $1,775 . In Ontario, the limit is $5,000. Ford raised the figure from $3,400 last year . Why do Ontario politicians require so much more money in ridings that are identical to federal ridings?

Ontario’s tax treatment of political donations is also out of step with the federal amounts. The feds cap political donation tax credits at $650 and the amount is non-refundable. Ontario’s tax credit limit is $1,698 and it’s fully refundable. Even if you owe no tax, you still get cash back.

Ontario’s tax credit for political donors is markedly more substantial than any other province. Manitoba and Alberta have $1,000 tax credit limits, but most provinces range from $500 to $650 .

Quebec leads the way on keeping tax dollars out of the hands of provincial politicians. It has no political contribution tax credit, limits donations to $100 and pays parties based on donations, to a maximum of $250,000 per party.

At least with tax credits, someone has to donate their own money, even if they do get a good chunk of it back. That’s not the case with Ontario’s pay-per-vote system, the other main source of political funding. It provides automatic quarterly payments to parties based on their performance in the most recent election.

Back in 2018, Ford campaigned against such payments , which had been brought in by the provincial Liberals the previous year. At the time, he said, “I do not believe the government should be taking money from hard-working taxpayers and giving it to political parties. Corporate welfare is wrong, and political party welfare is equally wrong; I will put an end to both.”

Ford’s batting 0 for 2 there, but at least political welfare is cheaper than corporate welfare.

Like many welfare recipients, Ford subsequently found himself dependent on the payments. The idea of free money without doing any work has a certain allure. After years of extending them temporarily, he made the per-vote payments permanent last year.

Attorney General Doug Downey said the per-vote subsidy ensures “a balance of public and private spending in elections.” He must have meant a balance between money coming out of your right and left pockets.

Again, Ontario is out of step with much of the country. The federal government does not give pay-per-vote payments. Only Prince Edward Island, Nova Scotia, New Brunswick and Quebec pay such allowances.

Quebec’s $250,000 per party limit is pocket change compared to what Ontario parties get . This year, the PCs will collect $5.5 million in taxpayers’ money, the Liberals $3.8 million and the NDP almost $2.4 million.

The other provinces with per-vote subsidies all provide significantly less than Ontario does.

Ontario politicians’ unparalleled generosity to political parties ought to come with enhanced accountability. That’s why Ford’s comments about “the party’s money” and his suggestion that reporters should talk to the party are so off base.

Once you accept the public’s money, you lose the right to talk about “the party’s money.” Even if it were the party’s money, Ford is still the leader of the party. That would suggest he’s the person to talk to about how it’s spent, not some party functionary.

One could make a case for per-vote public subsidies or for a system reliant on donors. It’s difficult to argue that both are necessary, especially when the vote subsidy and the political tax credit are so generous.

It would be nice to think that some electable party would stop fleecing taxpayers, but it’s unlikely. They all benefit from the existing rules, and no one benefits more than the party in power, the one that would have to make the change.

As Ford has already demonstrated, a promise to limit politicians’ access to the trough is easily trumped by naked self-interest.

Randall Denley is an Ottawa journalist and author. Contact him at randalldenley1@gmail.com


Transgender pride flags fly in the Calgary Municipal Plaza as hundreds gathered for the Transgender Day of Visibility on Sunday, March 30, 2025.

One of the world’s loudest and most successful cheerleaders for gender ideology has been forced into a tactical retreat in an ongoing U.S. court case.

Anyone mildly familiar with the controversy over “gender affirming” care will be aware that proponents for this medical scandal have insisted that there is to be no debate on trans health care — and that debate is not only tantamount to heresy, but could end the lives or very existence of transgender identified persons. Critics are often met with the refrain, “the science is settled,” when they ask questions about the wisdom or safety of transitioning gender-confused minors.

Well, that’s over now.

The World Professional Association for Transgender Health (WPATH), in an application to dismiss a lawsuit, has finally admitted that the debate over gender ideology is very real — and that their guidelines are not so sacred, after all.

The U.S. Federal Trade Commission (FTC), along with the states of Alaska, Iowa, Nebraska and Texas, filed a lawsuit against WPATH in June. In a news release announcing the lawsuit, the FTC alleged that WPATH “has provided the means for medical providers to make false and unsubstantiated claims to parents in order to sell pediatric medical transition services.”

“In 2022, WPATH omitted all mention of age limitations for breast amputation or penis removal from the ‘Standards of Care’ document providing the organization’s official recommendations for treating sex-trait-related dissatisfaction or distress in children,” continued the FTC’s statement. “As alleged in the complaint, WPATH did not base this decision on medical evidence.”

WPATH has for years been treated as the global authority on transgender care, including in Canada. In fact, WPATH names Canada in its court filings as an example of a country that agrees with its “Standards of Care.” These care guidelines contain no lower age limits for surgical treatment and include an entire chapter on the “eunuch” gender identity.

Over the years, WPATH attracted criticism that threw its expertise into question. In March 2024, for example, a non-profit group named Environmental Progress released the “ WPATH Files ,” which were a series of documents that exposed WPATH members’ uncertainty over informed consent and treatment risks for minors, and the incidence of untreated mental health conditions among patients seeking trans health care. In light of the findings within the WPATH Files, Environmental Progress made a similar argument to the FTC: that WPATH “does not meet the standards of evidence-based medicine, and members frequently discuss improvising treatments as they go along.” It also argued that “WPATH-affiliated doctors are knowingly violating bedrock principles of medical ethics and informed consent.”

It wasn’t until the FTC lawsuit, however, that WPATH had to go on record and admit that it is not the one true arbiter of science.

Sprinkled throughout WPATH’s motion to dismiss the FTC’s suit are references to its activities as “policy and opinion work,” and written “opinions about subjects on which there is ‘medical and scientific uncertainty.’” The submissions concede, at long last, the existence of “intense medical debate” about pediatric gender care. Put differently, WPATH is now admitting that the framing of critics as anti-trans bigots is false. There is a legitimate discussion to be had over science and evidence.

In its application to dismiss, WPATH claims to defer to U.S. federalism, that is, each individual state’s authority to create health-care legislation. After admitting that “variation exists among views on transgender health-care for youth,” WPATH states that “such policy disagreements are federalism in action.” It goes on to argue that the FTC lawsuit is a violation of state legislative power.

This is contradicted by several public statements WPATH has issued over the years, including in 2023, when WPATH said that it and its U.S. branch “vehemently oppose the broad and sweeping legislation being introduced and ratified in states across the country to ban access to gender-affirming health care to transgender and gender diverse (TGD) people” and “condemn any legislative actions to restrict or prohibit access to gender-affirming health care.”

Of course, the motion to dismiss makes no mention of the inconsistency between WPATH’s conflicting legal and public positions on the right of states to legislate transgender health care.

Admittedly, WPATH appears to have a good chance of getting the lawsuit quashed based on its legal argument that the FTC is attempting to infringe upon the non-profit’s First Amendment right to free speech. Americans have excellent speech protections, and it will come as no surprise if WPATH wins on this basis alone (the organization makes several other, less persuasive, arguments as to why the FTC’s lawsuit should be dismissed).

No matter, though. WPATH has been forced to back away from its “no debate” mantra, revealing the organization as a crumbling edifice of gender ideology.

“WPATH is contributing to the public medical debate regarding transgender healthcare. If Plaintiffs disagree with WPATH, the ‘remedy to be applied is more speech,’ not enforced silence,” reads the motion to dismiss, quoting another court decision.

It’s difficult to feel sympathy for WPATH, which, along with other gender activists, has dominated the culture war by silencing dissent for years. Now, the organization invokes the old plea of its ideological enemies: to be heard, and to be countered with opposing speech, rather than censorship. The temptation to gloat — at length — is strong.

The FTC lawsuit shone a light on WPATH, and, no matter the legal outcome, WPATH was caught with its pants around its ankles. Every physician who follows its guidelines should immediately step back and reconsider the evidence. This is a major win for vulnerable youth who are at risk of being caught up in this medical scandal.

National Post


Transgender pride flags fly in the Calgary Municipal Plaza as hundreds gathered for the Transgender Day of Visibility on Sunday, March 30, 2025.

One of the world’s loudest and most successful cheerleaders for gender ideology has been forced into a tactical retreat in an ongoing U.S. court case.

Anyone mildly familiar with the controversy over “gender affirming” care will be aware that proponents for this medical scandal have insisted that there is to be no debate on trans health care — and that debate is not only tantamount to heresy, but could end the lives or very existence of transgender identified persons. Critics are often met with the refrain, “the science is settled,” when they ask questions about the wisdom or safety of transitioning gender-confused minors.

Well, that’s over now.

The World Professional Association for Transgender Health (WPATH), in an application to dismiss a lawsuit, has finally admitted that the debate over gender ideology is very real — and that their guidelines are not so sacred, after all.

The U.S. Federal Trade Commission (FTC), along with the states of Alaska, Iowa, Nebraska and Texas, filed a lawsuit against WPATH in June. In a news release announcing the lawsuit, the FTC alleged that WPATH “has provided the means for medical providers to make false and unsubstantiated claims to parents in order to sell pediatric medical transition services.”

“In 2022, WPATH omitted all mention of age limitations for breast amputation or penis removal from the ‘Standards of Care’ document providing the organization’s official recommendations for treating sex-trait-related dissatisfaction or distress in children,” continued the FTC’s statement. “As alleged in the complaint, WPATH did not base this decision on medical evidence.”

WPATH has for years been treated as the global authority on transgender care, including in Canada. In fact, WPATH names Canada in its court filings as an example of a country that agrees with its “Standards of Care.” These care guidelines contain no lower age limits for surgical treatment and include an entire chapter on the “eunuch” gender identity.

Over the years, WPATH attracted criticism that threw its expertise into question. In March 2024, for example, a non-profit group named Environmental Progress released the “ WPATH Files ,” which were a series of documents that exposed WPATH members’ uncertainty over informed consent and treatment risks for minors, and the incidence of untreated mental health conditions among patients seeking trans health care. In light of the findings within the WPATH Files, Environmental Progress made a similar argument to the FTC: that WPATH “does not meet the standards of evidence-based medicine, and members frequently discuss improvising treatments as they go along.” It also argued that “WPATH-affiliated doctors are knowingly violating bedrock principles of medical ethics and informed consent.”

It wasn’t until the FTC lawsuit, however, that WPATH had to go on record and admit that it is not the one true arbiter of science.

Sprinkled throughout WPATH’s motion to dismiss the FTC’s suit are references to its activities as “policy and opinion work,” and written “opinions about subjects on which there is ‘medical and scientific uncertainty.’” The submissions concede, at long last, the existence of “intense medical debate” about pediatric gender care. Put differently, WPATH is now admitting that the framing of critics as anti-trans bigots is false. There is a legitimate discussion to be had over science and evidence.

In its application to dismiss, WPATH claims to defer to U.S. federalism, that is, each individual state’s authority to create health-care legislation. After admitting that “variation exists among views on transgender health-care for youth,” WPATH states that “such policy disagreements are federalism in action.” It goes on to argue that the FTC lawsuit is a violation of state legislative power.

This is contradicted by several public statements WPATH has issued over the years, including in 2023, when WPATH said that it and its U.S. branch “vehemently oppose the broad and sweeping legislation being introduced and ratified in states across the country to ban access to gender-affirming health care to transgender and gender diverse (TGD) people” and “condemn any legislative actions to restrict or prohibit access to gender-affirming health care.”

Of course, the motion to dismiss makes no mention of the inconsistency between WPATH’s conflicting legal and public positions on the right of states to legislate transgender health care.

Admittedly, WPATH appears to have a good chance of getting the lawsuit quashed based on its legal argument that the FTC is attempting to infringe upon the non-profit’s First Amendment right to free speech. Americans have excellent speech protections, and it will come as no surprise if WPATH wins on this basis alone (the organization makes several other, less persuasive, arguments as to why the FTC’s lawsuit should be dismissed).

No matter, though. WPATH has been forced to back away from its “no debate” mantra, revealing the organization as a crumbling edifice of gender ideology.

“WPATH is contributing to the public medical debate regarding transgender healthcare. If Plaintiffs disagree with WPATH, the ‘remedy to be applied is more speech,’ not enforced silence,” reads the motion to dismiss, quoting another court decision.

It’s difficult to feel sympathy for WPATH, which, along with other gender activists, has dominated the culture war by silencing dissent for years. Now, the organization invokes the old plea of its ideological enemies: to be heard, and to be countered with opposing speech, rather than censorship. The temptation to gloat — at length — is strong.

The FTC lawsuit shone a light on WPATH, and, no matter the legal outcome, WPATH was caught with its pants around its ankles. Every physician who follows its guidelines should immediately step back and reconsider the evidence. This is a major win for vulnerable youth who are at risk of being caught up in this medical scandal.

National Post


Caroline Proulx is the Coalition Avenir Québec candidate in Berthier riding in the 2022 Quebec general election. (Photo: Coalition Avenir Québec)

Can we, in Quebec, exclude certain citizens from public facilities because of their political views?

This type of discrimination, common under authoritarian regimes, “has no place in a free and democratic society like Quebec,” the province’s Superior Court said on July 31, in deciding a case involving a Christian group, B.C.-based Harvest Ministries International (HMI) and the former Quebec minister of tourism Caroline Proulx.

The drama began in 2023, when Proulx forced the termination of a lease agreement because she disapproved of HMI’s views on abortion. Her communications team tried to frame this cancellation as part of the abortion debate despite the fact the event in question, called “Faith, Fire and Freedom,” had nothing to do with abortion.

Freedom of expression is one of the fundamental rights recognized in the Canadian Charter of Rights and Freedoms. The state may infringe upon these rights only in rare cases and within strict limits established by case law, such as a violent situation. But that is not what happened here.

First, the evidence presented did not indicate that HMI hosted an “anti-abortion event,” but a gathering that “had as its primary objective to unite Canada’s two founding peoples.”

Second, it was not the nature of the event that prompted the minister to cancel its holding at the Québec City Convention Center, but rather the organizer’s beliefs regarding abortion which she discovered by visiting the organizer’s website.

Finally, the minister claimed to have acted entirely within the law to protect the “fundamental rights and freedoms” of Quebec women.

On this point, the ruling could not be harsher: the Superior Court found that she acted “without legislative or regulatory authority,” meaning she lacked the legal authority to force the termination of the lease.

The court found that Proulx acted “in an arbitrary and abusive manner, without any regard for (HMI’s) rights.” It further emphasized that “her interference” was “motivated by considerations of an essentially political nature and her contemporaneous public statements based on personal convictions.”

It was not the minister of tourism who acted here in her capacity as a minister. It was Caroline Proulx who abused her position to stifle the freedom of expression of a group with which she disagreed.

That is why the court held her liable for all compensatory and punitive damages in the amount of $60,000 . This kind of censure is severe and should lead to an equally severe political response.

It is regrettable that, following such a harsh ruling, Ms. Proulx refuses to admit any wrongdoing and is once again attempting to shift the focus of the case to the issue of abortion by claiming to defend Quebec’s “fundamental rights and freedoms.”

These so-called fundamental rights do exist, but it is not up to a minister to redefine them. They are already enshrined in the Charter.

If, after such a harsh ruling, the minister can simply reiterate her narrative and reject the court’s conclusions outright; if media attention shifts elsewhere; if citizens shrug it off — this signals that this kind of anti-democratic behavior can pay off politically. One can find some comfort in the fact that, notwithstanding the ministers’ claims, the government of Quebec will not be appealing the decision according to the lawyer for HMI.

It is important to remember that the real issue is whether we accept that a member of the government can trample on the rights of a group because of their own personal beliefs. A democracy that answers “yes” to this question is already beginning to forget why it adopted a Charter in the first place.

National Post

Jean-Christophe Jasmin is the Québec director at Cardus, where he draws on his background as a federal public servant and his training in political philosophy and theology to foster collaboration between faith communities, policy-makers, and the broader public.


Caroline Proulx is the Coalition Avenir Québec candidate in Berthier riding in the 2022 Quebec general election. (Photo: Coalition Avenir Québec)

Can we, in Quebec, exclude certain citizens from public facilities because of their political views?

This type of discrimination, common under authoritarian regimes, “has no place in a free and democratic society like Quebec,” the province’s Superior Court said on July 31, in deciding a case involving a Christian group, B.C.-based Harvest Ministries International (HMI) and the former Quebec minister of tourism Caroline Proulx.

The drama began in 2023, when Proulx forced the termination of a lease agreement because she disapproved of HMI’s views on abortion. Her communications team tried to frame this cancellation as part of the abortion debate despite the fact the event in question, called “Faith, Fire and Freedom,” had nothing to do with abortion.

Freedom of expression is one of the fundamental rights recognized in the Canadian Charter of Rights and Freedoms. The state may infringe upon these rights only in rare cases and within strict limits established by case law, such as a violent situation. But that is not what happened here.

First, the evidence presented did not indicate that HMI hosted an “anti-abortion event,” but a gathering that “had as its primary objective to unite Canada’s two founding peoples.”

Second, it was not the nature of the event that prompted the minister to cancel its holding at the Québec City Convention Center, but rather the organizer’s beliefs regarding abortion which she discovered by visiting the organizer’s website.

Finally, the minister claimed to have acted entirely within the law to protect the “fundamental rights and freedoms” of Quebec women.

On this point, the ruling could not be harsher: the Superior Court found that she acted “without legislative or regulatory authority,” meaning she lacked the legal authority to force the termination of the lease.

The court found that Proulx acted “in an arbitrary and abusive manner, without any regard for (HMI’s) rights.” It further emphasized that “her interference” was “motivated by considerations of an essentially political nature and her contemporaneous public statements based on personal convictions.”

It was not the minister of tourism who acted here in her capacity as a minister. It was Caroline Proulx who abused her position to stifle the freedom of expression of a group with which she disagreed.

That is why the court held her liable for all compensatory and punitive damages in the amount of $60,000 . This kind of censure is severe and should lead to an equally severe political response.

It is regrettable that, following such a harsh ruling, Ms. Proulx refuses to admit any wrongdoing and is once again attempting to shift the focus of the case to the issue of abortion by claiming to defend Quebec’s “fundamental rights and freedoms.”

These so-called fundamental rights do exist, but it is not up to a minister to redefine them. They are already enshrined in the Charter.

If, after such a harsh ruling, the minister can simply reiterate her narrative and reject the court’s conclusions outright; if media attention shifts elsewhere; if citizens shrug it off — this signals that this kind of anti-democratic behavior can pay off politically. One can find some comfort in the fact that, notwithstanding the ministers’ claims, the government of Quebec will not be appealing the decision according to the lawyer for HMI.

It is important to remember that the real issue is whether we accept that a member of the government can trample on the rights of a group because of their own personal beliefs. A democracy that answers “yes” to this question is already beginning to forget why it adopted a Charter in the first place.

National Post

Jean-Christophe Jasmin is the Québec director at Cardus, where he draws on his background as a federal public servant and his training in political philosophy and theology to foster collaboration between faith communities, policy-makers, and the broader public.


A cyclist makes their way down the 83 Avenue bike lane near Gateway Boulevard, in Edmonton Monday August 10, 2026.

On Friday, the Ontario Court of Appeal ruled that there was no Charter right to bike lanes — and delivered an utter spanking to the judge below their rank who said otherwise. Not only was it a victory for those who prefer car to bike, it was a victory for democracy.

Before the case was overturned, it stood for the principle that elected policymakers had to submit to “expert” evidence on matters of mere traffic planning to avoid breaching the Charter rights of the masses. Justice Paul Schabas of the Ontario Superior Court arrived at this conclusion last year in hearing out the advocacy group Cycle Toronto, which had complained about the Ontario government’s plan to remove a bike lane along a major thoroughfare downtown.

While there wasn’t a positive duty on governments to create bike lanes, went the Schabas’ logic, there was a duty to justify the removal of any existing bike lane with evidence satisfactory to the court. His scheme entombed all roads and traffic policy in thick constitutional armour.

Cycle Toronto’s central expert witness, engineering professor Shoshanna Saxe of the University of Toronto, was key in convincing Schabas that the potential harm caused to cyclists by removing the bike lanes was so severe that it constituted a violation of Canadians’ Charter rights. On the other side of the equation was the government, which did not produce its own math on how much harm the bike lane removal would cause and to whom.

Schabas concluded — erroneously — that he had no choice but to give Toronto’s bike lanes the armour of constitutional protection. The appeal court above was not so easily fooled. Writing for the three-judge court, Justice Grant Huscroft issued a firm reminder that “Judicial review under the Charter is not an occasion for courts to comment on or critique policy or political decisions.” He said that Schabas further erred by binding present governments to the policies of past governments.

It was an example of the system working as intended. In examining the cyclists’ pleas with a magnifying glass, Schabas lost sight of his own role in the bigger picture and was corrected for it. And there will be knock-on effects elsewhere: Alberta is preparing legislation that will give the provincial government a framework to order the removal of nuisance city bike lanes. The Schabas ruling was certain to be used as ammunition for cyclist advocates out west; the Schabas takedown, which will be far more persuasive to the courts, is a firm defence to bike lane removal.

The means by which the Toronto cyclists got their initial victory in court are still cause for concern, however. Schabas relied heavily on the cyclists’ expert witness, Saxe, in trying to understand traffic congestion. Saxe’s view was that “investing in cycling infrastructure is one of the most powerful tools available to reduce congestion,” while removing it would make congestion worse long-term. She was a proponent of a theory called “induced demand,” which asserts that building more car capacity creates more drivers.

Induced demand is the grand unifying theory of urbanists, who usually believe in turn that removing car lanes is a simple way of reducing drivers. Commuters, goes the idea, will naturally switch to bikes and buses if car infrastructure is taken away. These people do not take into account the fact that bikes are particularly vulnerable to theft. Nor do they think too hard about winter. Nor do they dwell much on the fact that few people want to spend two hours on buses full of riff-raff to get to work. And perhaps most critically, they ignore the fact that North America has more space and money than the cycling paradise of Europe, which drives a natural tendency towards car infrastructure.

Saxe’s day job is to promote exactly those kinds of urbanist policy stances. In 2020, she was made a Canada Research Chair in Sustainable Infrastructure. This is a federally funded position that comes with money and prestige. The chairs have been around for decades at this point, but within the last 10 years the Liberals have repurposed the program as a vessel for diversity hiring in academia.

The Liberals have also infused the program with funding to create a multitude of prestigious postings on topics that just so happen to advance the government agenda. There are still meritorious academics studying serious topics working as Canada Research Chairs, but there are many others who didn’t have to fully compete for their roles thanks to diversity quotas, and whose work focuses on “Sustainability Governance and Innovation,” “Citizenship, Social Justice and Ethno-Racialization,” “Inclusivity and Active Ageing,” “Reimagining Capitalism,” “Critical Disability Studies,” “History of Health and Social Justice,” “Gender, Race, and Inclusive Politics,” and “Urban Sexualities.”

It was during the bike lanes court battle that we saw the precise purpose of dumping money into bogus new frontiers in the Canada Research Chairs program. Progressive policy now has a front line of full-time defenders with the prestige of academia and the punch of a well-funded Liberal think tank. Saxe’s golden aura of an expert could be used to tactically blind the court, and it worked on Schabas.

This is a common use of this new crop of Canada Research Chairs. They appear as non-partisan experts advancing the objectively correct position on contentious subjects — whether in media, the academic world, or in court. Their expert status gives allied decision-makers the cover needed to side with whatever the progressive side wants. It happens all the time.

Earlier this year, for example, Federal Court Justice Avvy Yao-Yao Go ruled in favour of a group of RCMP officers who alleged they were victims of systemic racism on thin evidence. They had lost at the Canadian Human Rights Tribunal, but Go decided that they deserved a redo, in part because the tribunal didn’t give enough weight to the RCMP officers’ expert witness, Kanika Samuels-Wortley . Samuels-Wortley is the Canada Research Chair in Systemic Racism, Technology and Criminal Justice, an inherently activist role. Justice Go is an aggressive DEI advocate; of course she’d shred the tribunal below her for not hearing out an academic ally.

The Ontario Court of Appeal, at least, didn’t fall for the new-generation Canada Research Chairs charm or use it as cover to push the law to the left. Justice Huscroft identified that “Saxe clearly favours bicycles,” and put proper caveats on her urbanist theory of induced demand. Whatever her expert credentials, her explaining theory of traffic forces was just a prediction model, and even if it predicted correctly, it certainly shouldn’t attract constitutional protection.

“The principles of fundamental justice neither require nor permit courts to countermand rational policy choices legitimately made by the government and legislature, regardless of the preferences of academic experts,” wrote Huscroft.

True experts have their uses. It’s a mark of an advanced, thriving society to have safe surgeries, spaceworthy astronauts, trustworthy historians and engineers capable of building massive bridges that withstand earthquakes. There should be a healthy respect for this — not blind adherence so extreme that policy activists with fancy grants can render elections useless. The highest court in Ontario knew exactly where to strike that balance; let it be a lesson to the country’s less rigorous judges.

National Post


A cyclist makes their way down the 83 Avenue bike lane near Gateway Boulevard, in Edmonton Monday August 10, 2026.

On Friday, the Ontario Court of Appeal ruled that there was no Charter right to bike lanes — and delivered an utter spanking to the judge below their rank who said otherwise. Not only was it a victory for those who prefer car to bike, it was a victory for democracy.

Before the case was overturned, it stood for the principle that elected policymakers had to submit to “expert” evidence on matters of mere traffic planning to avoid breaching the Charter rights of the masses. Justice Paul Schabas of the Ontario Superior Court arrived at this conclusion last year in hearing out the advocacy group Cycle Toronto, which had complained about the Ontario government’s plan to remove a bike lane along a major thoroughfare downtown.

While there wasn’t a positive duty on governments to create bike lanes, went the Schabas’ logic, there was a duty to justify the removal of any existing bike lane with evidence satisfactory to the court. His scheme entombed all roads and traffic policy in thick constitutional armour.

Cycle Toronto’s central expert witness, engineering professor Shoshanna Saxe of the University of Toronto, was key in convincing Schabas that the potential harm caused to cyclists by removing the bike lanes was so severe that it constituted a violation of Canadians’ Charter rights. On the other side of the equation was the government, which did not produce its own math on how much harm the bike lane removal would cause and to whom.

Schabas concluded — erroneously — that he had no choice but to give Toronto’s bike lanes the armour of constitutional protection. The appeal court above was not so easily fooled. Writing for the three-judge court, Justice Grant Huscroft issued a firm reminder that “Judicial review under the Charter is not an occasion for courts to comment on or critique policy or political decisions.” He said that Schabas further erred by binding present governments to the policies of past governments.

It was an example of the system working as intended. In examining the cyclists’ pleas with a magnifying glass, Schabas lost sight of his own role in the bigger picture and was corrected for it. And there will be knock-on effects elsewhere: Alberta is preparing legislation that will give the provincial government a framework to order the removal of nuisance city bike lanes. The Schabas ruling was certain to be used as ammunition for cyclist advocates out west; the Schabas takedown, which will be far more persuasive to the courts, is a firm defence to bike lane removal.

The means by which the Toronto cyclists got their initial victory in court are still cause for concern, however. Schabas relied heavily on the cyclists’ expert witness, Saxe, in trying to understand traffic congestion. Saxe’s view was that “investing in cycling infrastructure is one of the most powerful tools available to reduce congestion,” while removing it would make congestion worse long-term. She was a proponent of a theory called “induced demand,” which asserts that building more car capacity creates more drivers.

Induced demand is the grand unifying theory of urbanists, who usually believe in turn that removing car lanes is a simple way of reducing drivers. Commuters, goes the idea, will naturally switch to bikes and buses if car infrastructure is taken away. These people do not take into account the fact that bikes are particularly vulnerable to theft. Nor do they think too hard about winter. Nor do they dwell much on the fact that few people want to spend two hours on buses full of riff-raff to get to work. And perhaps most critically, they ignore the fact that North America has more space and money than the cycling paradise of Europe, which drives a natural tendency towards car infrastructure.

Saxe’s day job is to promote exactly those kinds of urbanist policy stances. In 2020, she was made a Canada Research Chair in Sustainable Infrastructure. This is a federally funded position that comes with money and prestige. The chairs have been around for decades at this point, but within the last 10 years the Liberals have repurposed the program as a vessel for diversity hiring in academia.

The Liberals have also infused the program with funding to create a multitude of prestigious postings on topics that just so happen to advance the government agenda. There are still meritorious academics studying serious topics working as Canada Research Chairs, but there are many others who didn’t have to fully compete for their roles thanks to diversity quotas, and whose work focuses on “Sustainability Governance and Innovation,” “Citizenship, Social Justice and Ethno-Racialization,” “Inclusivity and Active Ageing,” “Reimagining Capitalism,” “Critical Disability Studies,” “History of Health and Social Justice,” “Gender, Race, and Inclusive Politics,” and “Urban Sexualities.”

It was during the bike lanes court battle that we saw the precise purpose of dumping money into bogus new frontiers in the Canada Research Chairs program. Progressive policy now has a front line of full-time defenders with the prestige of academia and the punch of a well-funded Liberal think tank. Saxe’s golden aura of an expert could be used to tactically blind the court, and it worked on Schabas.

This is a common use of this new crop of Canada Research Chairs. They appear as non-partisan experts advancing the objectively correct position on contentious subjects — whether in media, the academic world, or in court. Their expert status gives allied decision-makers the cover needed to side with whatever the progressive side wants. It happens all the time.

Earlier this year, for example, Federal Court Justice Avvy Yao-Yao Go ruled in favour of a group of RCMP officers who alleged they were victims of systemic racism on thin evidence. They had lost at the Canadian Human Rights Tribunal, but Go decided that they deserved a redo, in part because the tribunal didn’t give enough weight to the RCMP officers’ expert witness, Kanika Samuels-Wortley . Samuels-Wortley is the Canada Research Chair in Systemic Racism, Technology and Criminal Justice, an inherently activist role. Justice Go is an aggressive DEI advocate; of course she’d shred the tribunal below her for not hearing out an academic ally.

The Ontario Court of Appeal, at least, didn’t fall for the new-generation Canada Research Chairs charm or use it as cover to push the law to the left. Justice Huscroft identified that “Saxe clearly favours bicycles,” and put proper caveats on her urbanist theory of induced demand. Whatever her expert credentials, her explaining theory of traffic forces was just a prediction model, and even if it predicted correctly, it certainly shouldn’t attract constitutional protection.

“The principles of fundamental justice neither require nor permit courts to countermand rational policy choices legitimately made by the government and legislature, regardless of the preferences of academic experts,” wrote Huscroft.

True experts have their uses. It’s a mark of an advanced, thriving society to have safe surgeries, spaceworthy astronauts, trustworthy historians and engineers capable of building massive bridges that withstand earthquakes. There should be a healthy respect for this — not blind adherence so extreme that policy activists with fancy grants can render elections useless. The highest court in Ontario knew exactly where to strike that balance; let it be a lesson to the country’s less rigorous judges.

National Post


Women walk towards luxury yachts at the harbour in Monaco next to the Circuit de Monaco, on May 25, 2018 ahead of the Monaco Formula One Grand Prix.

My arguably obsessive files on the state of the world, a.k.a the mess we are in, include one labelled “You Have Mistaken Me For Someone Else,” as a repository for offers to curate this, moisturize that, and improve my “email deliverability.” It is evident that many people live in ways I could not emulate and do not wish to. And also that marketers have surprising trouble telling me from our libertine liberal elite.

For instance the moisturizer from the New York Times “Wirecutter,” a sometimes-useful guide to “lifestyle hacks” if I had a lifestyle or were into hacks. Instead they lost me at hello, a.k.a. “Do you need a different moisturizer for each season?” to which my response was “No, the tap works year round.” But evidently they had something different in mind. And someone different. As so often.

I won’t dwell on the demoralizing offer to “Improve Your Chess Rating” that arrived right after achieving my lifetime peak. But hot off the presses here’s another Times item, Canadian-girl-makes-good , where “She Makes the Impossible Happen for Her Ultrarich Clients.” To mistake me for the ultrarich would take some doing. But it’s also weird that they thought I’d get a vicarious thrill from this debauchery. And that “they” were the New York Times .

If you get the joke about the preacher who read the Bible and the Times every day to know what both sides were thinking, you’re aware that the “Grey Lady” is the sober, reputable voice of wacky woke liberalism. It favours DEI, loathes Donald Trump, and wants higher taxes, Net Zero, income redistribution, an anti-fun nanny state and blah blah blah progressive orthodoxy. Yet it also celebrates grotesque displays of hedonism among those whose rank and wealth bring privileges. And it’s no coincidence.

I won’t wallow in the horrifying details. You have the Interwebs on your computer, your phone and possibly also your watch and can read it for yourself if you find high-flyers with pointless lives and huge bank accounts bathing in champagne alluring. As many people apparently do, since the influencer or whatever she is in question has some two million followers online and a contract for a “scripted series” to somehow push her over-the-top existence over another top or something.

Suffice it to say that one featured event she created, or possibly curated, for a client evidently determined to prove money can’t buy class, involved spending six figures just on Dom Pérignon sprayed on party-goers by … um … sexy young women in revealing outfits. Not exactly Woke 1.0 , is it? Or is it? Ideas are not random. As philosopher J. Budziszewski observes, people disinclined to obey natural law are inclined to deny its existence.

The piece calls it “pointless excess” with apparent glee, revelling in the final cost of all this wasted high-tone booze, including “artisanal” tequila , being “$226,000 and change” and quoting the facilitator of this sinful display that “Honestly, (the client) would have spent more. But he got hit hard at the casino the night before.”

Not hard enough, I say. (Cue the opening scene of Diamonds are Forever .) But the Times , and the entrepreneur, know their audience: nearly 3,000 people “paid anywhere from $1,500 to $25,000 for a table at the outdoor club” without even knowing the host. “But that hardly mattered. What the glossy strangers provided was an appropriately uproarious backdrop when the inevitable reels of the blowout would stream on social media.”

So there was a point, hidden in plain sight: obscene excess that would have had Caligula talking like Cato the Elder. But surely the Times too should declare censoriously that the money could have been better spent on the homeless, the carbon footprint was the size of the Chicxulub crater and as ominous that Narcissism inhibits compassion and so on. Instead the piece is celebratory to the point of parody, chortling that our heroine “has flown to Paris to retrieve the largest croissant in that city to please the daughter of a Miami billionaire.” “Luxury Beliefs Go Wild” for your private public pleasure.

If you’re wondering how the rich can roll about in cash and wasted luxury foodstuffs cackling in ways Marie Antoinette would have found disquieting while Times readers savour the frisson, consider that one of this panderer-to-conspicuous-consumption’s working mottos is, “Our job is to execute, not judge.” Voila. Non-judgementality gives you licence to bask in privileged excess while flaunting your social conscience. If you care to.

Yet again, they appear to have mistaken me for someone else. I’d be out back hosing off the tequila with municipal moisturizer muttering “O Tempora O Mores.” But with a client list who “must fork over an annual fee of $100,000 and agree to book $1 million in yearly travel,” the mere planning of which would kill me, I don’t suppose they care.

National Post


Women walk towards luxury yachts at the harbour in Monaco next to the Circuit de Monaco, on May 25, 2018 ahead of the Monaco Formula One Grand Prix.

My arguably obsessive files on the state of the world, a.k.a the mess we are in, include one labelled “You Have Mistaken Me For Someone Else,” as a repository for offers to curate this, moisturize that, and improve my “email deliverability.” It is evident that many people live in ways I could not emulate and do not wish to. And also that marketers have surprising trouble telling me from our libertine liberal elite.

For instance the moisturizer from the New York Times “Wirecutter,” a sometimes-useful guide to “lifestyle hacks” if I had a lifestyle or were into hacks. Instead they lost me at hello, a.k.a. “Do you need a different moisturizer for each season?” to which my response was “No, the tap works year round.” But evidently they had something different in mind. And someone different. As so often.

I won’t dwell on the demoralizing offer to “Improve Your Chess Rating” that arrived right after achieving my lifetime peak. But hot off the presses here’s another Times item, Canadian-girl-makes-good , where “She Makes the Impossible Happen for Her Ultrarich Clients.” To mistake me for the ultrarich would take some doing. But it’s also weird that they thought I’d get a vicarious thrill from this debauchery. And that “they” were the New York Times .

If you get the joke about the preacher who read the Bible and the Times every day to know what both sides were thinking, you’re aware that the “Grey Lady” is the sober, reputable voice of wacky woke liberalism. It favours DEI, loathes Donald Trump, and wants higher taxes, Net Zero, income redistribution, an anti-fun nanny state and blah blah blah progressive orthodoxy. Yet it also celebrates grotesque displays of hedonism among those whose rank and wealth bring privileges. And it’s no coincidence.

I won’t wallow in the horrifying details. You have the Interwebs on your computer, your phone and possibly also your watch and can read it for yourself if you find high-flyers with pointless lives and huge bank accounts bathing in champagne alluring. As many people apparently do, since the influencer or whatever she is in question has some two million followers online and a contract for a “scripted series” to somehow push her over-the-top existence over another top or something.

Suffice it to say that one featured event she created, or possibly curated, for a client evidently determined to prove money can’t buy class, involved spending six figures just on Dom Pérignon sprayed on party-goers by … um … sexy young women in revealing outfits. Not exactly Woke 1.0 , is it? Or is it? Ideas are not random. As philosopher J. Budziszewski observes, people disinclined to obey natural law are inclined to deny its existence.

The piece calls it “pointless excess” with apparent glee, revelling in the final cost of all this wasted high-tone booze, including “artisanal” tequila , being “$226,000 and change” and quoting the facilitator of this sinful display that “Honestly, (the client) would have spent more. But he got hit hard at the casino the night before.”

Not hard enough, I say. (Cue the opening scene of Diamonds are Forever .) But the Times , and the entrepreneur, know their audience: nearly 3,000 people “paid anywhere from $1,500 to $25,000 for a table at the outdoor club” without even knowing the host. “But that hardly mattered. What the glossy strangers provided was an appropriately uproarious backdrop when the inevitable reels of the blowout would stream on social media.”

So there was a point, hidden in plain sight: obscene excess that would have had Caligula talking like Cato the Elder. But surely the Times too should declare censoriously that the money could have been better spent on the homeless, the carbon footprint was the size of the Chicxulub crater and as ominous that Narcissism inhibits compassion and so on. Instead the piece is celebratory to the point of parody, chortling that our heroine “has flown to Paris to retrieve the largest croissant in that city to please the daughter of a Miami billionaire.” “Luxury Beliefs Go Wild” for your private public pleasure.

If you’re wondering how the rich can roll about in cash and wasted luxury foodstuffs cackling in ways Marie Antoinette would have found disquieting while Times readers savour the frisson, consider that one of this panderer-to-conspicuous-consumption’s working mottos is, “Our job is to execute, not judge.” Voila. Non-judgementality gives you licence to bask in privileged excess while flaunting your social conscience. If you care to.

Yet again, they appear to have mistaken me for someone else. I’d be out back hosing off the tequila with municipal moisturizer muttering “O Tempora O Mores.” But with a client list who “must fork over an annual fee of $100,000 and agree to book $1 million in yearly travel,” the mere planning of which would kill me, I don’t suppose they care.

National Post