Trudeau weighing ‘all options’ on notwithstanding clause use amid CUPE Ontario strike
Ford invoked the notwithstanding clause in June 2021– for the first time in the province’s history — to restore parts of the Election Finances Act that had previously been declared unconstitutional. Ontario argued the move was necessary to protect elections from outside influence, while critics accused the government of trying to silence criticism.
Ford had also previously threatened to use the clause in 2018, when his government intended to cut Toronto city council seats during a municipal election. It sparked outrage, but the clause ultimately wasn’t invoked because of how a related court process unfolded.In June, Quebec passed a major reform to the province’s signature language law that reasserts the right of Quebecers to live and work in French. Premier Francois Legault has said the entire bill is covered by the notwithstanding clause.
Quebec also used the clause in its religious symbols law that was adopted in 2019. Bill 21 prohibits public sector workers who are deemed to be in positions of authority, including teachers, police officers and judges, from wearing religious symbols such as hijabs and turbans on the job. “It would be much better if instead of the federal government having to weigh in and say, ‘You really shouldn’t do this, provincial governments,’ it should be Canadians saying, ‘Hold on a minute; you’re suspending my right to collective bargaining? You’re suspending fundamental rights and freedoms that are afforded to us in the Charter?’” Trudeau said.“The Charter of Rights and Freedoms can’t become a suggestion.
“The outrage we’re seeing across the country right now at this latest use, building on top of previous uses that I have consistently condemned, is a moment for all Canadians to reflect and say, ‘Yeah, our fundamental rights are not to be cancelled away by governments who want to get things done in the easiest and most efficient way possible at the cost of people’s fundamental freedoms.’”
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