Canada’s Justice Minister Rules Out Withdrawing Legal Submission On Notwithstanding Clause - Beritaja

Justice Minister Sean Fraser has rejected calls from 5 premiers for Ottawa to retreat its ineligible statement calling for limits connected the usage of the Constitution’s notwithstanding clause.

Fraser said it would beryllium “unimaginable” for a national authorities to steer clear of a lawsuit affecting Charter authorities that will person lasting impacts. He suggested the premiers’ statement is “untenable.”

The minister, who is besides lawyer general, told reporters Wednesday greeting this should beryllium a ineligible matter decided done the courts, not the taxable of governmental statement and pressure.

“The interplay of the notwithstanding clause, vis-a-vis the authorities and freedoms that the Charter guarantees to each Canadians, is thing that will beryllium of nationalist importance, that will person lasting impacts,” Fraser said.

“It is unimaginable that a national authorities would not intervene to stock its position connected the meaning of the Charter — peculiarly astatine a clip when, successful Canada and about the world, democracies are progressively nether strain, courts’ independency are being questioned.

“We are going to guidelines ardently successful defence of the Charter and the norm of law, and thankfully it will beryllium the tribunal and not a national aliases provincial authorities who will make the decisions.”

In a filing submitted past period to the Supreme Court of Canada successful a lawsuit connected Quebec’s secularism law, the national authorities argues law limits connected the notwithstanding clause should forestall it from being utilized to swipe retired authorities guaranteed nether the Charter of Rights and Freedoms.

The Constitution’s notwithstanding clause gives provincial legislatures aliases Parliament the expertise to walk authorities that efficaciously overrides provisions of the Charter for a five-year period.

In a missive sent Tuesday to Prime Minister Mark Carney, the premiers of Ontario, Quebec, Alberta, Saskatchewan and Nova Scotia opportunity the national authorities should retreat its tribunal submission because it amounts to a “complete disavowal of the law bargain that brought the Charter into being.”

The premiers reason Ottawa’s statement threatens nationalist unity.

“The national government’s position amounts to a nonstop onslaught connected the foundational law principles of federalism and democracy,” the missive says.

But Fraser said Canada should beryllium “very careful” to defender against the erosion of rights.

He said Canada’s imaginable “future downfall arsenic a nation, should it ever come,” will not travel about done penetration but done “some early authorities who is empowered by an erosion of our authorities today.”

“If we are not very careful, we are going to see, spot by bit, the authorities that we bask arsenic Canadians will travel to cease to beryllium and we will person nary 1 but ourselves to blame.”

Bloc Québécois MP Rhéal Fortin called Ottawa’s involution a “constitutional powerfulness play” successful mobility play Wednesday. He said the premiers are opinionated up to a national authorities that is trying to usage the courts arsenic a “weapon” successful its “fight against the notwithstanding clause.”

Fortin besides called connected Fraser to return backmost his “insulting” affinity about the rollback of quality authorities elsewhere about the world — and specifically for citing Russia’s penetration of Ukraine.

Fraser changeable backmost that Fortin was deliberately misinterpreting his comments to bolster a “weak” governmental position. He said having Ottawa’s ineligible position tested by the provinces successful tribunal is the “healthy way, successful a democracy, to situation ideas you whitethorn not like.”

Speaking to reporters past month, Ontario Premier Doug Ford called the tribunal involution “the worst decision” that Carney has ever made.

Ford said elected provincial legislatures should not beryllium blocked by unelected judges.

This study by BERITAJA was first published Oct. 8, 2025.

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"Canada’s Justice Minister Rules Out Withdrawing Legal Submission On Notwithstanding Clause - Beritaja"

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