The NDP in Manitoba is introducing measures aimed at restricting future provincial governments from easily utilizing the Charter’s notwithstanding clause. Premier Wab Kinew presented Bill 50, also known as The Constitutional Questions Amendment Act, as a step towards this goal. Under this proposed legislation, any future Manitoba government invoking the notwithstanding clause would need to justify its decision to an appeal court judge. Although the judge could provide feedback on the rationale, they would not possess the authority to halt the government’s actions.
Kinew emphasized that this additional procedural step would serve as a protective barrier against potential misuse of the clause to infringe upon the rights of marginalized communities. The notwithstanding clause, found in Section 33 of the Charter of Rights and Freedoms, permits a government to pass laws that override certain protected rights.
Recent instances of other provinces utilizing the notwithstanding clause to pass controversial legislation targeting specific groups, such as the LGBTQ2S+ community or religious individuals, have sparked concerns. Manitoba, along with four other provinces, has filed as interveners in a Supreme Court case challenging Quebec’s secularism law, Bill 21.
While some premiers have defended their use of the notwithstanding clause, arguing it is within their jurisdiction, there is an ongoing debate regarding the limits and implications of invoking this clause. Critics argue that it could potentially undermine fundamental rights enshrined in the Charter.
In response to these developments, Kinew affirmed that his government has no intention of resorting to the notwithstanding clause. He underscored their commitment to upholding human rights as outlined in the Charter and emphasized the importance of transparency in the legislative process.
On the other hand, Progressive Conservative Leader Obby Khan criticized the timing of the NDP’s proposed legislation, insinuating it was a diversion tactic from other pressing issues faced by Manitobans. Khan questioned the urgency of introducing such a law with limited session days remaining, suggesting a lack of priority alignment.
Overall, the proposed changes seek to enhance accountability and transparency in the application of the notwithstanding clause, ensuring that any future use is carefully scrutinized and aligned with the principles of human rights and equality.
