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Ford Blasts Ottawa’s Bid to Curb Notwithstanding Clause in Supreme Court Bill 21 Fight

Ottawa has asked the Supreme Court to curb repeat use of Section 33 by enabling Charter declarations in the Quebec case.

Overview

  • Speaking in Vaughan, Ontario Premier Doug Ford condemned the federal filing, calling it “the worst decision” by Prime Minister Mark Carney and warning it “will be an absolute disaster.”
  • Ford argued legislatures, not judges, should have the final say on laws protected by Section 33, noting his government has used the clause.
  • In its factum on Quebec’s secularism law, Ottawa contends the notwithstanding clause cannot be used repeatedly to nullify Charter rights and urges courts to issue declaratory findings even when Section 33 is invoked.
  • Quebec’s Bill 21, which bars many public-sector workers from wearing religious symbols, was shielded by Section 33 in 2019 and again in 2024, and the Supreme Court has agreed to hear the appeal.
  • A Globe and Mail editorial criticized the federal strategy, urging a formal constitutional amendment under the 7/50 formula rather than judicially imposed limits and noting a press release from Justice Minister Sean Fraser.