Federal government urges Supreme Court to limit provincial use of Section 33, citing risks to Canadians’ rights under the Charter.
Ottawa Brings Case to Canada’s Top Court
The federal government has asked the Supreme Court of Canada to restrict how provinces use the Charter’s notwithstanding clause. The request was filed Wednesday in a factum tied to Quebec’s Bill 21 case.
Quebec’s Law at the Centre of the Dispute
Bill 21, adopted in 2019, bans teachers, judges, and other public servants from wearing religious symbols. Quebec shielded it from legal challenges by invoking Section 33, sparking widespread debate.
Federal Concern Over Repeated Overrides
Ottawa’s filing warns that routine use of the clause could “indirectly amend the Constitution.” Lawyers argued that prolonged limits on rights amount to denying their very existence.
Provincial Defenders Cite Constitutional Compromise
Ontario and Alberta filed arguments defending Section 33. They said the clause was a “hard-won compromise” during the 1982 Constitution talks and ensures provincial sovereignty.
Clash Over Pre-Emptive Use of Section 33
Critics, including Ottawa, oppose provinces invoking the clause before courts rule on a law. Ontario countered that banning pre-emptive use would leave legislation in limbo for years.
Supreme Court to Decide in Landmark Case
The Court has not yet set a hearing date but will review Bill 21 alongside calls to define limits on Section 33. The ruling could reshape the balance between legislatures and the Charter across Canada.
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