Justice Minister Sean Fraser has dismissed the requests from five premiers for the federal government to retract its legal stance advocating for restrictions on the use of the notwithstanding clause in the Constitution. Fraser emphasized the importance of federal involvement in cases impacting Charter rights with long-lasting consequences, labeling the premiers’ position as unsustainable. He emphasized that the matter should be resolved through the legal system rather than being subjected to political pressures.
In a recent submission to the Supreme Court of Canada regarding Quebec’s secularism law, the federal government argued for constitutional limitations on the notwithstanding clause to prevent the nullification of rights guaranteed under the Charter of Rights and Freedoms. The notwithstanding clause allows provincial legislatures or Parliament to pass laws that override Charter provisions for a temporary period.
In response, the premiers of Ontario, Quebec, Alberta, Saskatchewan, and Nova Scotia penned a letter to Prime Minister Mark Carney urging the federal government to withdraw its court submission, viewing it as a rejection of the foundational principles that established the Charter. They expressed concerns that Ottawa’s position could jeopardize national unity and undermine fundamental constitutional values.
Fraser cautioned against complacency in safeguarding rights, warning that any potential decline of Canada as a nation would not stem from external threats but from the erosion of rights over time. He stressed the need for vigilance to prevent the gradual disappearance of Canadian rights, attributing any future loss to the failure to protect them today.
Ontario Premier Doug Ford criticized the court’s intervention as a significant misstep by Carney, asserting that elected provincial legislatures should not be overruled by unelected judges.
