By Canadian Press

Leave use of notwithstanding clause up to provinces, say Conservative and Bloc MPs

Feb 13, 2023 | 2:42 PM

OTTAWA — The federal Conservatives joined the Bloc Québécois to try and send a message to Prime Minister Justin Trudeau that it is up to the provinces to decide how to use the notwithstanding clause. 

Bloc Leader Yves-François Blanchet brought forward a motion in the House of Commons calling on MPs to recognize that provinces have a “legitimate right” to use the clause, including pre-emptively.

While Conservative Leader Pierre Poilievre and his MPs supported the Bloc’s call, the governing Liberals and federal New Democrats defeated Blanchet’s motion. 

The notwithstanding clause gives federal and provincial legislatures the ability to pass laws that override certain parts of the Charter for a period of up to five years.

It has been used by premiers when introducing controversial legislation, including in Quebec, where Premier Francois Legault used it to usher in Bill 21, which bars public servants in positions of authority from wearing religious symbols on the job.

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Ontario Premier Doug Ford also invoked the clause pre-emptively last fall in the midst of labour negotiations, but changed his mind after backlash from unions and the public. 

This report by The Canadian Press was first published Feb. 13, 2023.

The Canadian Press