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U.S. Faces Constitutional Crisis as Canada Advances Federal Use of Notwithstanding Clause

The Trump administration defies Supreme Court orders, while Pierre Poilievre proposes unprecedented federal invocation of the notwithstanding clause to enforce stricter crime laws in Canada.

The Supreme Court of Canada is seen, Wednesday, August 10, 2022 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
MONTREAL, CANADA - APRIL 14: Canada's Conservative Party Leader Pierre Poilievre speaks at a press conference during a campaign event on April 14, 2025 at the Holiday Inn & Suites in Montreal, Canada. Pierre Poilievre made an announcement that, if elected, he will be tougher on crime by restoring consecutive sentences for mass murderers. (Photo by Andrej Ivanov/Getty Images)
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Overview

  • The Trump administration continues to defy a U.S. Supreme Court order by deporting Kilmar Abrego Garcia, deepening a constitutional crisis over executive power and judicial authority.
  • This defiance challenges the rule of law in the United States, raising concerns about the erosion of judicial oversight under the Trump administration.
  • In Canada, Conservative Leader Pierre Poilievre has formally announced plans to invoke the notwithstanding clause federally, a first, to revive previously unconstitutional crime legislation.
  • The proposed Canadian legislation would impose consecutive life sentences for multiple murderers, potentially leading to sentences of over 150 years, a move critics argue is more political than practical.
  • Poilievre’s strategy aims to normalize the use of the notwithstanding clause at the federal level, which could significantly weaken the Charter of Rights and judicial checks on government power.