Justice Minister Sean Fraser has dismissed the requests of five premiers for the federal government to retract its legal position advocating for constraints on the use of the Constitution’s notwithstanding clause. Fraser emphasized the importance of the federal government’s involvement in cases impacting Charter rights, highlighting the long-term implications involved. He stated that the premiers’ stance on the matter is not viable and should be resolved through legal channels rather than political discourse.
Fraser, who also serves as the attorney general, emphasized the significance of the interaction between the notwithstanding clause and the rights guaranteed by the Charter to all Canadians. He emphasized the federal government’s duty to provide its perspective on the interpretation of the Charter, particularly in a time when democracies globally are facing challenges and judicial independence is under scrutiny. Fraser reassured that the defense of the Charter and the rule of law will be upheld, with the courts making the final decisions.
Last month, the federal government submitted a filing to the Supreme Court of Canada regarding a case involving Quebec’s secularism law, arguing that constitutional limitations on the notwithstanding clause should prevent its use to override Charter rights. The notwithstanding clause allows provincial legislatures or Parliament to pass legislation that temporarily supersedes Charter provisions.
In response to the federal government’s court submission, the premiers of Ontario, Quebec, Alberta, Saskatchewan, and Nova Scotia penned a letter to Prime Minister Mark Carney, urging the withdrawal of the submission. They claimed that the federal government’s stance undermines the fundamental principles of federalism and democracy, posing a threat to national unity.
Fraser cautioned against compromising rights, emphasizing the need to protect against potential future infringements. He warned that Canada’s decline as a nation may not result from external threats but from a government empowered by the erosion of rights today. He stressed the importance of vigilance to prevent the gradual erosion of Canadian rights, attributing any loss of rights in the future to the collective responsibility of Canadians.
Ontario Premier Doug Ford criticized the court intervention by Carney, labeling it as the prime minister’s worst decision. Ford argued that elected provincial legislatures should not face hindrances imposed by unelected judges.
