A Bloc Québécois motion calling on the Liberal government to withdraw its factum filed with the Supreme Court around the use of the notwithstanding clause failed in the House of Commons.
The vote failed on Sept. 24, with 159 “yays” and 170 “nays, as the Bloc and Conservatives voted in favour of the motion, and the Liberals, NDP, and Green Party voted against it. A total of 14 Conservative and Liberal MPs did not vote.
Federal Justice Minister Sean Fraser filed a factum with the Supreme Court outlining the government’s position on “constitutional issues raised” by the use of Section 33 of the Charter, also known as the notwithstanding clause. That clause allows the federal and provincial governments to override some provisions of the Charter by enacting a law, and also prevents judicial review of the legislation for five years….