Premiers Slam Ottawa’s Stand on Notwithstanding Clause

Five premiers are demanding that Ottawa retract its recent proposal for restrictions on the notwithstanding clause, arguing that it goes against the original intent of the Charter of Rights and Freedoms. The notwithstanding clause, found in the Constitution, allows provincial legislatures or Parliament to pass laws that temporarily override certain Charter provisions. Ottawa’s submission to the Supreme Court of Canada in a case involving Quebec’s secularism law contends that the notwithstanding clause cannot be used to undermine Charter rights permanently. The federal government asserts that any attempt to use the notwithstanding clause in such a way would essentially alter the Constitution and should be subject to judicial review. In a joint letter to Prime Minister Mark Carney, the premiers of Ontario, Quebec, Alberta, Saskatchewan, and Nova Scotia urge Ottawa to reconsider its stance and withdraw its legal argument immediately. They argue that the federal government’s position imposes new constraints on the legitimate use of the notwithstanding clause by democratically elected bodies. The premiers claim that Ottawa’s position undermines the principles of federalism and democracy, posing a threat to national unity. The ongoing Supreme Court case involves the attorney general of Quebec as the respondent, with several other provinces participating as interveners. Justice Minister Sean Fraser emphasized that the court’s ruling will have long-term implications for how the notwithstanding clause is utilized by governments. Ontario, in its submission to the court, defends the importance of the notwithstanding clause in upholding Canada’s constitutional democracy. Premier Doug Ford of Ontario criticized the federal government’s position, labeling it as a significant error that could have disastrous consequences. Ford emphasized the supremacy of legislatures in decision-making and criticized judicial interference in legislative matters.