Howard Anglin, a Conservative political operative and legal scholar, recently shared a significant piece of Canadian history on Twitter. He posted a lengthy interview from 2005 with Allan Blakeney, who served as the New Democratic premier of Saskatchewan from 1971 to 1982. Blakeney played a crucial role in the negotiations that led to the patriation of the Canadian Constitution and was one of the last surviving framers of the Constitution Act, 1982.

During his tenure, Blakeney collaborated with Conservative premiers to advocate for a "notwithstanding clause" in the Charter of Rights. This clause allows legislatures to override certain judicial decisions, a topic that has gained attention this week as the Alberta government invoked it to mandate striking schoolteachers return to work. The interview, conducted by Gareth Morley, now a judge of the B.C. Supreme Court, presents a defense of the notwithstanding clause from a social-democratic perspective.

Blakeney believed in the importance of legislative power in making social-engineering decisions, even if those decisions might infringe on individual rights. He viewed legislatures as the rightful authority for political decisions, expressing skepticism about the judiciary's role. He described judges as "handmaidens of the business establishment" and was alarmed by early Charter cases that favored pro-business outcomes. His concerns echo the frustrations of some left-wing Americans regarding the Citizens United v. FEC decision.

In the interview, Blakeney articulated a clear stance on the balance of power between elected officials and judges. He stated, "Judges are not accountable to the public. They are not supposed to be accountable to the public: that is what judicial independence means." He emphasized that government functions, such as lawmaking and spending, inherently involve trade-offs that can impact individual rights.

Blakeney's foresight about judicial power is notable, especially in light of contemporary debates over judicial interpretation of the Charter. He recalled a time when the courts were used to uphold extreme laissez-faire policies in the United States during the "Lochner era," a period he studied while at Oxford on a Rhodes scholarship.

Anglin's retweet of the Blakeney interview coincides with Alberta's recent legislation regarding teachers' strikes, a topic that would have been less contentious in 2005. While one might assume Blakeney would support the right to strike due to his NDP affiliation, he maintained that courts should refrain from economic decision-making. He believed that the labor movement should rely on its political resources rather than judicial intervention.

In a reflection of his principles, Blakeney noted that when a Saskatchewan Conservative government utilized the notwithstanding clause for a public-sector back-to-work law in 1986, he did not object, recognizing it as a legitimate application of the clause. His views continue to resonate in discussions about the role of the judiciary and the legislature in Canadian governance.