A curious story in today's National Post says PEI's Liberal administration will start providing abortions because it doesn't believe it can defeat a court challenge claiming abortion is secretly a Charter right. Frankly it sounds like one more case of politicians using judges as a handy excuse to do something they want to do anyway without the hassle of defending it to voters. Time was ministries felt an obligation to defend existing law in court unless they were willing to stand up in the legislature and urge that it be changed or repealed, which arguably contributed to accountability in government. I'm not sure what was wrong with that system. But there's a deeper question here.

Specifically, how can the Charter mandate abortion so clearly that governments fold like cheap lawn furniture before an activists' challenge when (a) it doesn't mention it (b) many of those who wrote the Charter opposed abortion and would be both astounded and horrified to be told that without realizing they'd secretly written it in?

Alternatively, if it's that obvious, why didn't the brave politicians notice and act on it before the challenge was filed?

This sort of disingenuous legislative-judicial two-step is no way to settle important and contentious questions. Instead, it's one more reason we need a real Constitution, based on popular consent, with a real Charter of Rights that guarantees real rights in plain language even citizens can read and understand, with no invisible ink.

My colleague Kelly McParland writes perceptively that Prime Minister Trudeau's new Senate appointments have attracted less notice than they should have. I should confess first that I was once again not on the list and second that Kelly quotes me approvingly in the piece that the list is so predictable "it might have been selected by an affirmative action random-elite-candidate-generator.". And now I want to return the favour by quoting him approvingly.

"Would it have been too much to include just one new senator who doesn’t see government as the answer to every problem? An entrepreneur? Someone who’s been required to meet a payroll or risked their own money on an idea?"

Apparently it would. Which is why we need to fix the constitution including creating a Senate that is truly legitimate because it is elected, is independent of the Prime Minister and yet effective, and represents the provinces without paralyzing Parliament.

Yes it can be done. Australia does it. And in our upcoming documentary we'll give a lot more detail on how to make it work. Including why it's especially troubling to see former senior public servants become legislators. The fusion of the upper reaches of the public service and the legislature into a fourth branch unknown to constitutional theory is not good for our democracy.

In my latest National Post column I play "delivery guru" for the benefit of Liberals and baffled citizens.

In my latest National Post column I warn that electoral reform is Justin Trudeau's most dangerous idea.

In my latest National Post column I argue that Canadian conservatives played themselves for fools yet again in the last election.

In my latest National Post column, I wrap up my series on how not to vote with a simple recommendation for what to do: Cast a ballot that doesn’t leave you feeling dirty. Personally I’m voting libertarian. But if you won’t do that, choose another clean option, an independent, a protest candidate or a returned ballot, rather than marking an “X” that compromises your integrity in order to make the problem worse.

In my latest National Post column, I argue that voting should and can be something more than a squalid and cunning effort to put the lesser evil in power.

I'm scheduled to be on 770 Afternoons at around 3:30 (eastern) this afternoon, with Danielle Smith, to talk about my latest National Post column. You can listen live at the link.