Five premiers are urging Ottawa to retract its recent request for limitations on the notwithstanding clause, arguing that it goes against the foundation of the Charter of Rights and Freedoms. The notwithstanding clause allows provincial legislatures or Parliament to pass laws that override certain provisions of the Charter for a temporary period of five years.
In a recent submission to the Supreme Court of Canada regarding Quebec’s secularism law, Ottawa contends that using the notwithstanding clause to distort or eliminate Charter rights is restricted by constitutional boundaries. The federal submission emphasizes that the temporary nature of the notwithstanding clause prohibits any actions that would irreparably harm Charter rights.
The premiers of Ontario, Quebec, Alberta, Saskatchewan, and Nova Scotia penned a letter to Prime Minister Mark Carney, calling on the government to withdraw its legal argument. They argue that Ottawa’s stance imposes new limits on democratically elected legislatures’ use of the notwithstanding clause, which they view as a departure from the constitutional agreement that established the Charter.
The premiers express concern that Ottawa’s position undermines provincial sovereignty and poses a threat to national unity by challenging the principles of federalism and democracy. They highlight the significance of these implications for Canadian federalism and emphasize the need to address these issues at the Council of the Federation.
The case before the Supreme Court involves the attorney general of Quebec as the respondent, with several other attorneys general from provinces participating as interveners. Justice Minister Sean Fraser notes that the court’s ruling will have lasting effects on how federal and provincial governments can utilize the notwithstanding clause in the future.
Ontario’s submission to the court underscores the importance of the notwithstanding clause in preserving Canada’s constitutional democracy and the role of elected representatives in deciding on laws of public interest. The province asserts that the notwithstanding clause should not be subject to judicial reinterpretation, as it serves a crucial function in the legislative process.
Ontario Premier Doug Ford has criticized the federal government’s position, particularly targeting Justice Minister Sean Fraser and Prime Minister Mark Carney for what he deems as a detrimental decision. Ford defends the authority of legislatures over judicial interference and emphasizes the supremacy of elected officials in making critical legislative decisions.
