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Labour leaders vow ‘unprecedented response’ as Alberta uses notwithstanding clause (www.cbc.ca)

submitted 2 days ago by ValueSubtracted@startrek.website to c/canada@lemmy.ca

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[–] LeFantome@programming.dev 12 points 1 day ago (1 children)

Passing a law that is explicitly unconstitutional to end a labour dispute is pretty next level. Saying that this is a threat to democracy overall is not hyperbole. If governments think they have that kind of power with that low a bar, we are all in trouble.

[–] LoveCanada@lemmy.ca 4 points 1 day ago (1 children)

According to the Alberta Institute, it isn't unconstitutional because:

the "notwithstanding clause" is Section 33 of The Canadian Charter of Rights and Freedoms, which itself makes up part of our Constitution.

It is a cornerstone of Canada’s constitutional framework, designed to protect the provinces and all Canadians from judicial overreach.

"Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter."

And provinces would not have signed the Constitution without that clause.

[–] GreyEyedGhost@lemmy.ca 3 points 1 day ago

The particular of the constitution that says you don't have to follow the constitution is certainly part of the constitution. I wouldn't say it makes using it constitutional, bit it certainly makes it clear that you don't intend to follow the constitution. I honestly can't think of many valid reasons to use the notwithstanding clause that aren't to address existential threats to our nation or its people, or to trample their constitutiinal rights. I don't think kids having to stay home for a week fits the first category...