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If you leave Canada to go fight for ISIS, you should not be welcomed back with open arms. Since Justin Trudeau doesn’t seem to take this seriously, MPP @DaveSmithPtbo is taking action to send a message that there are consequences for leaving Ontario to commit indefensible crimes. https://t.co/83zaya5PcD — Doug Ford (@fordnation) October 20, 2018

Sometimes governments come up with laws that they think will make their jurisdiction a better place, and they advance them in their legislature and in the media in good faith. And sometimes they come up with laws the primary purpose of which is to generate opposition to those laws, which they can then use to attack the opponents. The federal Conservatives’ Zero Tolerance for Barbaric Cultural Practices Act, and the accompanying “snitch line” announced during the 2015 election campaign, was a good example of the latter. To question its necessity or wisdom or choice of wording was to be accused of sanctioning everything from child marriage to polygamy to female genital mutilation.

The Ontario Tories’ Bill 46, more soberly titled the Terrorist Activities Sanctions Act, certainly has great potential as the second kind of legislation: Have fun out there arguing on behalf of a terrorist’s right to health care or a hunting licence or to raise his kids unmolested. (Bill 46 would deem any such children in need of protection under the Child, Youth and Family Services Act.) But let’s give Smith and Ford the benefit of the doubt and assume they also think this is good public policy.

Attorney General Caroline Mulroney, or any other lawyer, could tell them that their public policy is almost certain to be torn to shreds in the courts, at great and pointless public expense. As it stands even the most vile criminals, if released, are entitled to public health insurance; denying it to one class of criminals as explicit punishment for violating a section of the Criminal Code would attract no end of legal opposition. It could be found to violate the Constitution, which unambiguously makes criminal law the federal government’s jurisdiction. It could be found to violate Section 7 of the Charter, which enshrines the “right to life, liberty and security of the person”; or Section 12, the protection against cruel and unusual punishment; or even Section 6, which guarantees the right “to pursue the gaining of a livelihood in any province,” and which isn’t vulnerable to the notwithstanding clause. Legal arguments aside, the federal government could simply withhold transfers until Ontario started providing health care to all its citizens again.