When federal Justice Minister David Lametti reacted last week to the adoption of Quebec's language law reform, he took aim at the provincial government's proactive use of the notwithstanding clause to shield the law from constitutional challenges.
Lametti and other critics of Bill 96 say the government's use of that clause — Section 33 of the Canadian Charter of Rights and Freedoms — shuts down debate and prevents a proper judicial review of the legislation. The proactive use of Section 33, which permits a government to override certain provisions of the Constitution, is an "unintended negative consequence in our political system," he said.
The Quebec government, meanwhile, says its use of the clause is legitimate and necessary to protect laws that are supported by the majority of Quebecers. The government calls Section 33 "the parliamentary sovereignty provision."
Quebec's use of notwithstanding clause in language law opens constitutional debate | CTV News
Lametti and other critics of Bill 96 say the government's use of that clause — Section 33 of the Canadian Charter of Rights and Freedoms — shuts down debate and prevents a proper judicial review of the legislation. The proactive use of Section 33, which permits a government to override certain provisions of the Constitution, is an "unintended negative consequence in our political system," he said.
The Quebec government, meanwhile, says its use of the clause is legitimate and necessary to protect laws that are supported by the majority of Quebecers. The government calls Section 33 "the parliamentary sovereignty provision."
Quebec's use of notwithstanding clause in language law opens constitutional debate | CTV News
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