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Ottawa says laws that override Charter rights aren’t shielded from legal scrutiny
The federal government asked the Supreme Court to allow judges to issue non-binding rulings on rights violations and limit repeated use of the notwithstanding clause.
- On Wednesday, federal lawyer Guy J. Pratte argued at Supreme Court hearings that Quebec's notwithstanding clause does not fully shield Bill 21 from judicial scrutiny, asserting judges retain the right to issue opinions on Charter rights violations.
- Quebec invoked the notwithstanding clause to shield Bill 21, enacted in 2019, which bans some public sector workers from wearing religious symbols on the job. The province pre-emptively used this constitutional power to block legal challenges.
- Ontario Attorney-General Doug Downey and Alberta Deputy Minister of Justice Malcolm Lavoie opposed judicial declarations, describing them as an "academic exercise" that steps outside the judicial role. Both argued such oversight would be unprecedented and unnecessary.
- A lawyer for the Quebec government described non-binding judicial declarations as "useless" and an overreach by the court, intensifying the dispute over whether courts retain any role when governments invoke the override clause.
- The eventual Supreme Court ruling will sharpen boundaries between government power and individual rights, potentially reshaping how provinces use the notwithstanding clause in this landmark constitutional case with implications extending far beyond Bill 21.
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22 Articles
22 Articles
Provinces and Ottawa square off over notwithstanding clause at Supreme Court
A clash of legal visions played out at Canada’s top court and in Parliament Wednesday, with federal and provincial governments taking starkly opposite views of a powerful constitutional tool that allows elected lawmakers to override fundamental Charter rights.
·Waterloo, Canada
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The Toronto StarReposted by 
The Hamilton Spectator
The Hamilton SpectatorOttawa says laws that override Charter rights aren’t shielded from legal scrutiny
OTTAWA - Judges must have the legal right to issue non-binding judgments in cases where governments override sections of the Charter of Rights and Freedoms, a lawyer for the attorney
·Toronto, Canada
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Winnipeg Free Press+17 Reposted by 17 other sources
Ottawa says laws that override Charter rights aren't shielded from legal scrutiny
Breaking News, Sports, Manitoba, Canada
·Winnipeg, Canada
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Total News Sources22
Leaning Left12Leaning Right0Center6Last UpdatedBias Distribution67% Left
Bias Distribution
- 67% of the sources lean Left
67% Left
L 67%
C 33%
Factuality
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