Overview
- The federal government filed a Supreme Court factum asking judges to allow declarations of rights violations even when Section 33 is invoked and to review prolonged or repeated use that could cause irreparable impairment of rights.
- Ontario and Alberta submitted opposing factums defending broad legislative discretion, supporting Quebec’s 2019 pre-emptive use, and calling Section 33 a hard‑fought constitutional compromise that courts should not constrain.
- Justice Minister Sean Fraser said the request is not limited to Quebec’s secularism law and that the Supreme Court’s ruling will shape how governments use the clause for years.
- A leaked Sept. 10 Alberta Justice memo says Premier Danielle Smith directed officials to prepare legislation to invoke Section 33 on three transgender‑related laws, with a proposal slated for cabinet on Oct. 21 and related court challenges ongoing.
- The Supreme Court has agreed to hear the Bill 21 appeal, and a recent Saskatchewan Court of Appeal ruling affirmed courts may issue declaratory findings on rights even when legislation is shielded by the clause.