The increasing use of the notwithstanding clause by the provinces to advance their political objectives could be the subject of an emergency debate in Parliament after a request by the NDP.
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After its use by Quebec for the Act respecting the secularism of the State, Ontario has decided to invoke this clause contained in the constitution to prevent the outbreak of a national teachers’ strike as of Friday, within the framework of negotiations between the union and the provincial government.
Ontario Premier Doug Ford’s decision was the straw that broke the camel’s back for Matthew Green, an NDP MP from Ontario who is also opposed to its use by Quebec.
In a letter to the Speaker of the House of Commons, Mr. Green states that “there is a clear interest for this Parliament to debate the trampling of constitutional rights and the implications it will have for everyone in Ontario and throughout all the countries”.
“This recent use of the notwithstanding clause by a provincial government is a further step in a disturbing trend where provincial governments are increasingly willing to override the constitutional rights of their citizens,” Green wrote to Speaker Anthony Rota. .
He meets an ideological ally in the person of Justin Trudeau.
“The idea of removing or suspending these fundamental rights is becoming more and more common in different governments, then it worries me a lot,” said the Prime Minister during a press scrum on Tuesday morning.
Justice Minister David Lametti also condemned Ontario’s “very serious and very undemocratic” decision on Wednesday morning.
The notwithstanding clause – also known as the notwithstanding clause – provides for the suspension of certain rights contained in the Charter of Rights and Freedoms of the Canadian constitution.
President Anthony Rota will soon have to decide whether or not he accepts the holding of an emergency debate. The decision is up to him alone, but a series of criteria must ultimately be met.