Title: Premiers Demand Ottawa Withdraw Submission on Notwithstanding Clause

Five provincial premiers are urging the federal government to retract its recent submission to the Supreme Court regarding the notwithstanding clause. They argue that Ottawa's request for limits on this clause represents a "complete disavowal" of the foundational agreement that led to the creation of the Charter of Rights and Freedoms.

The notwithstanding clause allows provincial legislatures or Parliament to enact laws that can override certain provisions of the Charter for a maximum of five years. In a filing submitted last month concerning Quebec's secularism law, the federal government contended that constitutional limits on the notwithstanding clause prevent its use to undermine the rights and freedoms guaranteed by the Charter. Ottawa's submission emphasized that the "temporary character" of the clause indicates it cannot be used to cause "an irreparable impairment" of Charter rights.

In a letter sent to Prime Minister Mark Carney, the premiers of Ontario, Quebec, Alberta, Saskatchewan, and Nova Scotia called for the federal government to reconsider its stance and withdraw its legal argument. The letter criticized the federal position for proposing new limits on the authority of democratically elected legislatures to utilize the notwithstanding clause.

The premiers expressed concern that these arguments could threaten national unity by undermining the sovereignty of provincial legislatures. They stated, "Put simply, the federal government's arguments represent a complete disavowal of the constitutional bargain that brought the Charter into being."

The letter also highlighted that Ottawa's submission introduces an unclear and unworkable legal standard that lacks a basis in the Constitution's text. The premiers warned that this approach could have significant implications for Canadian federalism.

Quebec's attorney general is the respondent in the Supreme Court case, while the attorneys general from Canada, Ontario, Manitoba, British Columbia, Saskatchewan, and Alberta are participating as interveners. Justice Minister Sean Fraser, who is also the attorney general, noted that the Supreme Court's decision will influence how both federal and provincial governments may apply the notwithstanding clause in the future.

The Ontario government, in its submission to the Supreme Court, emphasized the importance of the notwithstanding clause to Canada's constitutional democracy. It stated that the clause allows elected representatives to determine that certain laws are crucial to the public interest, even if they conflict with Charter provisions, for a limited time.

Ontario Premier Doug Ford criticized the federal government's position, labeling it as "the worst decision" made by Carney. He expressed that it would lead to disastrous consequences, asserting that legislatures should hold supremacy over judicial interpretations. Ford's government has previously invoked the notwithstanding clause on multiple occasions, reinforcing his belief in the authority of elected officials over judicial rulings.