Use of the notwithstanding provision in Ontario | The NDP calls, in vain, for an emergency debate

(Ottawa) The New Democratic Party (NDP) unsuccessfully called on Wednesday for an emergency debate in the Commons on the use of the notwithstanding clause by Doug Ford.

The Ontario government has invoked the provision, also known as the “notwithstanding clause”, to impose an expeditious resolution to the labor dispute between it and 55,000 workers in the education sector. These union members are threatening to strike on Friday and the Ontario government is trying to pass a special law that would fix the working conditions for four years – and would also prohibit any recourse to strikes.

Federal New Democrat Leader Jagmeet Singh argued in a scrum on Wednesday that Prime Minister Justin Trudeau, while he expressed concern about the situation, had not committed to take concrete action.

He argued that Ottawa could decide to use other laws to protect workers’ rights, but did not specify which ones. He also said that he was in favor of submitting a reference to the Supreme Court of Canada to clarify in what circumstances the notwithstanding clause could be used.

“What we want to see is that the government takes this issue seriously and is committed to finding solutions,” added Mr. Singh. If it is a question of a bill, we are ready to support a bill. »

“Unacceptable”, says Trudeau

A few minutes before taking part in question period, Mr. Trudeau reiterated to reporters that his government was evaluating its options. “It is unacceptable for a government to use the notwithstanding clause in a preventive way because it prevents the (courts) from even being able to look at whether it is constitutional or not, he argued. It removes the political consequences of using the notwithstanding clause. We are in the process of suspending the fundamental rights of Canadians without having any consequences. »

Asked to clarify what laws the NDP has in mind to counter the Ford government’s use of the notwithstanding clause, deputy party leader Alexandre Boulerice remained vague.

“There are different avenues. There is legislation which has very rarely been used—we are cautious about that—on disallowance, but I think it is […] Prime Minister himself to look at exploring everything that is possible to use (and) perhaps we should regulate the use of the notwithstanding clause in the future”, he replied.

The NDP also says it fears that the Ford government’s derogation from the Charter will encourage other provinces to resort more and more often to this constitutional tool.

Asked earlier Wednesday about the options that Ottawa could consider, the Minister of Justice, David Lametti, did not want to come forward. However, he recalled his already known position: the preventive use of the notwithstanding clause is “very serious”, “undemocratic”, and “undermines Canadian democracy”.

“That amounts to saying that the Charter does not exist,” he said.

A motion not debated

In the Commons on Wednesday, NDP MP Matthew Green unsuccessfully asked the House to hold an emergency debate on the issue. In a letter to the Speaker of the Commons, Mr. Green argued that the bill to impose a new collective agreement on Ontario education workers violated their rights and imposed “disproportionate” punitive measures.

MP Green added that the use of the notwithstanding clause to circumvent the Charter of Rights and Freedoms was part of a “worrying trend” by provinces seeking to trample on constitutional freedoms.

“This particular case could set a precedent for provincial governments across the country who may seek to use it to further undermine the rights of workers on the collective agreement,” he told reporters.

Mr. Green wanted the House to unanimously condemn the move on Wednesday afternoon, but some Tory MPs rejected the tabling of his motion. Mr. Trudeau and other MPs asked the federal Conservatives to speak out, but those heading to a caucus meeting on Wednesday morning refused.