Justice Minister Sean Fraser has dismissed the request from five premiers for the Canadian government to retract its legal stance advocating for restrictions on the use of the notwithstanding clause in the Constitution. Fraser emphasized the importance of the federal government’s involvement in cases that impact Charter rights, highlighting the significant and lasting implications. He asserted that the premiers’ argument is not sustainable and suggested that the matter should be resolved through legal proceedings rather than political discussions.
In a recent submission to the Supreme Court of Canada regarding Quebec’s secularism law, the federal government contended that there should be constitutional constraints on the notwithstanding clause to prevent the nullification of rights safeguarded by the Charter of Rights and Freedoms. The notwithstanding clause grants provincial legislatures or Parliament the authority to enact laws that override certain provisions of the Charter for a limited period.
The premiers of Ontario, Quebec, Alberta, Saskatchewan, and Nova Scotia penned a letter to Prime Minister Mark Carney expressing their concerns about the federal government’s court submission, deeming it a rejection of the foundational agreement that established the Charter. They argued that Ottawa’s position poses a threat to national unity and undermines fundamental constitutional principles.
Minister Fraser cautioned against the erosion of rights in Canada and emphasized the importance of vigilance in safeguarding these rights for future generations. He warned that the potential decline of the nation would not result from external threats but from a government empowered by the erosion of rights. Fraser stressed the need for Canadians to protect their rights diligently to prevent their gradual disappearance.
Ontario Premier Doug Ford criticized the court’s involvement in the matter, labeling it as a significant misstep by Prime Minister Carney. Ford asserted that elected provincial legislatures should not face obstacles imposed by unelected judges.
Overall, the debate surrounding the notwithstanding clause and its implications for Charter rights continues to be a contentious issue, with divergent views on the role of the federal government and the courts in upholding constitutional principles.