Peter MacKinnon: Ottawa clearly not a fan of our rights |
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Peter MacKinnon: Ottawa clearly not a fan of our rights
The federal government has attacked the notwithstanding clause, appealed the Freedom Convoy ruling, and pushed discriminatory DEI quotas
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In recent weeks, we have seen the government of Canada attempt to limit the Charter’s notwithstanding clause and announce that it would seek leave to appeal a unanimous Federal Court of Appeal decision that found the 2022 invocation of the Emergencies Act was unconstitutional. This federal government is cavalier about our rights.
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Section 33 of the Charter provides that Parliament or a provincial legislature may declare in a statute that all or part of the statute shall operate notwithstanding certain Charter provisions. The Quebec National Assembly so decreed for its secularism law banning public sector workers from wearing religious symbols while on the job. The notwithstanding clause is controversial, but what is important — and clear — is that it was open to the Quebec National Assembly to invoke it so as to preclude challenges based on some of the rights included in the Charter. Attempts by the federal government to sideline the........