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2mo ago

Fraser Rejects Premiers’ Demand to Pull Ottawa’s Notwithstanding Clause Filing

The federal filing urges the Supreme Court to keep a judicial check on long-term uses of Section 33 in the Bill 21 appeal.

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The Supreme Court of Canada is pictured under fall coloured leaves
The premiers called on the federal government to withdraw its legal argument to the Supreme Court 'immediately.'
Saskatchewan Premier Scott Moe has signed onto a letter calling for the federal government to withdraw it's factum which seeks to limit the ability of province's to use the notwithstanding clause.

Overview

  • Five premiers from Ontario, Quebec, Alberta, Saskatchewan and Nova Scotia sent a joint letter to Prime Minister Mark Carney urging the immediate withdrawal of Ottawa’s Supreme Court submission.
  • Justice Minister and Attorney General Sean Fraser declined to withdraw the filing, calling it unimaginable for the federal government to avoid a case affecting Charter rights and insisting courts, not politicians, should decide.
  • Ottawa’s factum asks the Court to allow declarations when rights are infringed even if a law is shielded by Section 33, and to establish review of prolonged or repeated overrides that effectively deny rights.
  • The case arises from Quebec’s 2019 secularism law, Bill 21, and the Court’s eventual ruling could set the first substantive limits on Section 33’s use.
  • Context heightening the stakes includes Saskatchewan’s 2023 override now facing judicial scrutiny and media reports that Alberta has considered using Section 33 for transgender-related laws.