Commentary
Something big is happening in Canada’s Supreme Court, and most people haven’t noticed. Ottawa is attacking the provinces, especially Quebec, by starting a legal fight intended to reduce provincial powers to make laws. If the Supreme Court accepts Ottawa’s argument, it would tip the democratic balance, giving the courts more political power and leaving the provinces with less.
Two weeks ago, premiers from five provinces asked Prime Minister Mark Carney to back off. They got a flat “no” from Justice Minister Sean Fraser.
The court case is about Bill 21, Quebec’s law barring certain public servants from wearing conspicuous religious symbols like hijabs and kipahs while they’re working. Quebec protected this law by invoking Section 33 of the Canadian Charter of Rights and Freedoms, the “notwithstanding clause,” which basically says courts can’t overturn this law. Now, Ottawa is asking the Supreme Court to limit when provinces can use this clause, arguing it can be misused….