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Tom Mulcair: A bold move by Trudeau

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In an exclusive interview with La Presse, published over the weekend, Justin Trudeau once again displayed the type of “all-in” moxie that has helped him win election after election.

Trudeau deliberately took aim at François Legault and his repeated use of the “notwithstanding clause." That clause has prevented the courts from striking down discriminatory laws that remove Charter rights from Quebec minorities.

It’s been a long time coming and Trudeau has been justifiably criticized for not standing up to Legault. But when he says he’s going to ask the Supreme Court for a ruling, he knows exactly what type of over-the-top reaction he’s going to get from the Quebec premier.

It didn’t take long. In a series of incendiary tweets Saturday, Legault said that Trudeau’s musings were a “frontal assault” on Quebec democracy and the collective rights of Quebecers. No less!

ALL POLITICS IS LOCAL

Back in November, when Ontario Premier Doug Ford had said he’d use the notwithstanding clause to shield a law that removed labour rights, Trudeau went after him hard.

As the saying goes: all politics is local. Trudeau has a very good nose for the sentiments of his key electorate in the GTA. Defending the Charter was pure Trudeau, and classic Liberal branding.

Ford was forced to back down. A clever populist, he knows how to “read the room.” He did score a direct hit with one very strong shot at Trudeau: Trudeau, in Ford’s view, was ”selective” in his defence of the Charter.

Everyone understood that Ford was, quite correctly, calling Trudeau out for his Janus-faced opposition to the notwithstanding clause. He’d attacked Ford, repeatedly, but largely given a pass to Legault.

Recent polling shows the Liberals trailing the Conservatives. Blip on the screen or substantive change, Trudeau is not going to take it lying down.

Conservative Leader Pierre Poilievre spent the week in Quebec and actually spoke with a few reporters. His numbers are very low in La Belle Province but he’s obviously getting some good communications advice.

Polievre put in an engaging and successful performance on the year-ender of popular French political satire show “Infoman.” Last week, he immediately tweeted approval when Quebec’s post-secondary education minister lambasted cancel culture on campus. He’s learning fast.

In attacking Legault, Trudeau is making the type of bold move that defines him. Back in the 2015 campaign, when the party that I then led, the NDP, came out with a proposal to “decriminalize” marijuana Trudeau went all-in. In an impromptu speech in a park, (it was clearly his idea, not that of his handlers) Trudeau announced that he would fully legalize pot and regulate its sale. That’s one promise he did keep and by making it, he stole a lot of progressive thunder from us.

Poilievre doesn’t have the hole cards, those kept secret when playing poker, that Trudeau has when dealing with Quebec. Trudeau knows the secret handshake, the right tone and what’s real and what’s emotion. Despite his French name, Poilievre is a proud western Canadian who needs to be guided in this Terra Incognita east of the Ottawa River.

Were it not for a brazenly discriminatory question aimed at the Bloc leader during (of all things!) the English-language debate, during the last election, Trudeau would’ve probably had his majority. After that event, Quebecers closed ranks, the Bloc got a big boost in the polls and the rest is history.

Trudeau knows the game. He’s very good at it but he’s not the type of politician who’s easily told what to do. When his gut feeling is one way, he’s going to follow it.

The English-speaking community of Quebec numbers about one million. It has seen constitutionally guaranteed language rights unilaterally removed by Legault’s Bill 96 with no attempt by Trudeau to stop the clearly illegal move.

'MUSIC TO THE EARS OF ANGLOPHONES'

That community, some of the most steadfast Liberal supporters, is also very nervous about Trudeau’s proposed reform of the Official Languages Act, Bill C-13. If enacted, that Bill could actually endanger the rights of anglophones to control and manage their school boards. It is ill-considered and has been meeting fierce resistance from both the community and from a half-dozen Liberal backbenchers, including influential former minister Marc Garneau.

Trudeau’s announcement of an impending referral to the Supreme Court will be music to the ears of anglophones but they should wait to see the fine print. Justice Minister David Lametti has not lifted his little finger to defend the Canadian constitution. In fact, when Legault claimed to have unilaterally amended the foundational constitution, the “B.N.A. Act”, to remove the equality of English and French before the courts in Quebec, Lametti said it was all right!

Legault’s fireworks over the weekend were as predictable as they were exaggerated. Trudeau once used the words “perfect foil” to describe the senator he bested in a boxing match. Legault is about to become his “perfect foil” as we ramp up to the next election.

Trudeau will enjoy very large support for his challenge in and around Montreal. Far from hurting him, his impending battle with the Quebec Premier will boost his seat count. The average Quebecer cares a lot more about Trudeau’s promise to improve funding for a crumbling health-care system than they do about constitutional quarrels.

Trudeau used the word “innovative” to describe Ford’s plan to increase the use of private clinics to deliver what would still be completely free, provincial health care.

'FERRARI PRICES FOR A RUSTING OLD STATION WAGON'

Our system is broken and the public understands that when what you’re doing doesn’t work, then you have to try something else. As one observer put it, we’re paying Ferrari prices for a rusting old station wagon. We can’t avoid this debate and by putting himself on the same page as the premiers, Trudeau is himself showing realism and flexibility.

Far more importantly, he’s listening to Canadians who are fed up with excuses about our failed health-care system. Quebecers are on the same page and when the two separatist parties criticized Legault for making a deal with Trudeau, they were totally ignored.

Trudeau seems to sense the sea change and can’t resist the temptation to take on Poilievre. He’s now in his eighth year in power with a “best before” date in full view. He knows that he’s pushing his luck asking for another mandate because Canadians have a healthy aversion to keeping their eggs in one basket for too long.

The Liberals have top-notch players such as Chrystia Freeland, Mark Carney and Anita Anand waiting in the wings. No one will be pushing Trudeau towards the exit, they owe him too much. But the longer he waits, the trickier it will become for him, especially if his polling numbers continue to flag.

Taking on Legault is a risky, clever and bold move that will be impossible for Poilievre to follow. Trudeau is betting a lot on this one.

Tom Mulcair was the leader of the federal New Democratic Party of Canada between 2012 and 2017

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