Ottawa is asking the Supreme Court of Canada to set limits on the manner in which provincial governments can use a controversial clause in the Charter of Rights and Freedoms.
Section 33 of the Charter, known as the Notwithstanding clause, permits provincial governments to override specific provisions of the Charter by enacting a law, which simultaneously prevents judicial review of the legislation in question for five years.
Federal Justice Minister and Attorney General Sean Fraser announced on Sept. 18 that he filed a factum with the Supreme Court outlining the government’s “position on constitutional issues raised” by the usage of the clause. Fraser said the case is about more than the immediate issues before the court and will determine how federal and provincial governments use the clause “for years to come.”…