Editorials
Time to limit the notwithstanding clause
4 minute read 2:01 AM CDTYou can perhaps better understand why the federal government has asked Canada’s Supreme Court to rule on whether there should be guardrails on how the notwithstanding clause can be used.
The clause enables provincial governments — and theoretically, even the federal government — to bring in legislation that violates the Canadian Charter of Rights and Freedoms.
It’s easier to understand why the federal government wants the Supreme Court’s ruling when provinces like Alberta are using the clause for things as common as imposing contracts on its employees — thereby giving those employees no ability to strike or challenge the imposed contracts in court.
The Alberta government took such an action against its striking teachers on Monday despite having other options, and despite recognizing that the law it brought in likely not only violates the Canadian Charter of Rights and Freedoms, but the Alberta Bill of Rights and the Alberta Human Rights Act as well.
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Province has to do more than talk the talk
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