A Liberal MP from Montreal says it is for the country to debate whether the notwithstanding clause should be on the books.
Sameer Zuberi's comments come after a week where the Bloc Québécois forced parties in the House of Commons to vote on whether they felt provinces had the legitimate right to use the constitutional power however they wanted, including pre-emptively.
While it's not new, debate around its use has heated up in recent years as provinces such as Ontario and Quebec have invoked it pre-emptively, effectively preventing anyone from launching a legal challenge in court. Prime Minister Justin Trudeau has criticized the pre-emptive use of the provision and during a 2021 interview told The Canadian Press he shares the disdain his father, former prime minister Pierre Trudeau, had for its place in the charter. It was a demand from provinces the elder Trudeau acquiesced to during the 1982 constitutional negotiations.
Zuberi currently sits as a backbench member of the government, first elected in 2019 in the reliably Liberal riding of Pierrefonds—Dollard in Montreal. Earlier in the week, he told a Senate committee studying the issue of Islamophobia that he sees the five-year sunset rule on the clause's application as a chance for the law to be revisited, expressing hope it could fall in the next 10 to 15 years.
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