Five provincial leaders are urging the federal government to retract its recent push for restrictions on the notwithstanding clause, arguing that it undermines the founding agreement of the Charter of Rights and Freedoms. The notwithstanding clause allows provincial legislatures or Parliament to pass laws that temporarily override Charter provisions. Ottawa’s argument, submitted to the Supreme Court of Canada in a case involving Quebec’s secularism law, suggests that using the notwithstanding clause to infringe on Charter rights is unconstitutional. The federal government’s filing emphasizes that any attempt to significantly impact Charter rights through the notwithstanding clause would effectively amend the Constitution, thus requiring judicial oversight.
In a joint letter addressed to Prime Minister Mark Carney, the premiers of Ontario, Quebec, Alberta, Saskatchewan, and Nova Scotia express their concern over the federal government’s legal stance and call for its immediate withdrawal. They criticize Ottawa’s position for imposing new limits on the use of the notwithstanding clause by elected legislatures, labeling it as a departure from the constitutional agreement that established the Charter.
The premiers argue that the federal government’s approach threatens the autonomy of provincial legislatures, which could have profound implications for Canadian federalism and democracy. They highlight the potential impact on national unity and stress the need to uphold foundational constitutional principles. The premiers plan to raise these issues with the Council of the Federation to address the broader implications on federalism.
The ongoing Supreme Court case involves Quebec’s attorney general as the respondent, with several other attorneys general, including those of Canada, Ontario, Manitoba, British Columbia, Saskatchewan, and Alberta, participating as interveners. Justice Minister Sean Fraser emphasizes that the case’s outcome will shape the future application of the notwithstanding clause by federal and provincial governments.
Ontario, in its submission to the court, asserts that the notwithstanding clause is vital for Canada’s democratic system, allowing elected representatives to prioritize laws in the public interest over certain Charter rights for a limited period. The province contends that the notwithstanding clause is not a flaw that requires judicial intervention or reinterpretation.
Ontario Premier Doug Ford has criticized the federal government’s stance, particularly targeting Justice Minister Sean Fraser and Prime Minister Mark Carney. Ford, who has utilized the notwithstanding clause in Ontario, denounced the federal position as disastrous, emphasizing the supremacy of legislatures over judicial interference in legislative matters.