Justice Minister Sean Fraser has dismissed the demands of five premiers for the Canadian government to retract its legal stance advocating for restrictions on the use of the notwithstanding clause in the Constitution. Fraser emphasized the necessity for the federal government to participate in a case that impacts Charter rights significantly and criticized the premiers’ position as unsustainable.
Fraser, serving as both the Justice Minister and Attorney General, asserted during a press briefing on Wednesday morning that this matter should be resolved through the judicial system rather than being subjected to political discussions and pressures. He underscored the national significance and enduring consequences of the interaction between the notwithstanding clause and the fundamental rights guaranteed by the Charter to all Canadians.
Highlighting the crucial role of the courts in determining legal matters, Fraser stated, “We are going to stand ardently in defence of the Charter and the rule of law, and thankfully it will be the court and not a federal or provincial government who will make the decisions.”
In a submission made to the Supreme Court of Canada last month regarding a case involving Quebec’s secularism law, the federal government contended that constitutional boundaries on the notwithstanding clause should prevent its utilization to nullify rights protected under the Charter of Rights and Freedoms. The notwithstanding clause grants provincial legislatures or Parliament the authority to pass laws that override Charter provisions for a limited period of five years.
In a letter addressed to Prime Minister Mark Carney on Tuesday, the premiers of Ontario, Quebec, Alberta, Saskatchewan, and Nova Scotia urged the federal government to withdraw its court filing, arguing that it contradicts the foundational principles of the Charter. They claimed that Ottawa’s stance jeopardizes national unity and constitutes a direct assault on federalism and democracy.
Fraser cautioned against the erosion of rights in Canada, emphasizing the need to safeguard them vigilantly. He warned that any potential decline of the nation in the future would not result from external threats but rather from a government empowered by the erosion of rights today. Fraser urged for cautiousness to prevent the gradual disappearance of the rights cherished by Canadians.
During a previous statement to the press, Ontario Premier Doug Ford criticized the court’s involvement in the matter, labeling it as one of Carney’s worst decisions. Ford stressed that elected provincial legislatures should not be impeded by unelected judges in their decision-making processes.