Blanchet pushes back on federal criticism, says Section 33 is key to provincial sovereignty — even before courts weigh in
In a bold move that took the campaign trail beyond Quebec’s borders, Bloc Québécois Leader Yves-François Blanchet made a rare appearance in Ottawa Tuesday — standing on the steps of the Supreme Court of Canada to deliver a constitutional message loud and clear: hands off the notwithstanding clause.
Blanchet’s remarks come amid renewed national debate over Section 33 of the Charter of Rights and Freedoms, which allows provincial governments to shield legislation from court challenges — even when that legislation potentially infringes on fundamental rights such as freedom of religion, expression, or assembly.
“The legislatures of Quebec and the provinces are sovereign,” Blanchet said. “They should not be undermined by premature legal battles.”
What’s at Stake: Section 33 and the Limits of Federal Power
Known formally as the notwithstanding clause, Section 33 empowers legislatures to override certain Charter protections for renewable five-year terms. While rarely used in much of Canada, Quebec has made pre-emptive use of the clause central to major legislation.
Examples include:
- Bill 21, Quebec’s secularism law restricting public servants from wearing religious symbols
- Recent reforms to language legislation aimed at strengthening protections for French in Quebec
Blanchet defended these moves, saying they reflect the will of Quebecers and fall within provincial jurisdiction.
Carney, Courts, and Clashing Visions
Blanchet’s comments come in response to recent remarks by Liberal Leader Mark Carney, who said a Liberal government would support a legal challenge to Quebec’s latest language law if it reaches the Supreme Court — arguing that the courts should assess Charter violations before the clause is invoked.
The clash reveals a deeper tension: Should provinces be allowed to pre-emptively shield laws from judicial review? Or should courts get first say?
“We should not resort to legal challenges to prevent a legislature from exercising its rights,” Blanchet asserted. “Especially when those measures have strong public support.”
Supreme Court Selection: A New Bloc Proposal
Blanchet went a step further, proposing that Quebec — not the federal cabinet — should select its own three justices to sit on the Supreme Court of Canada.
The move, he argued, would further safeguard Quebec’s distinct legal culture and political autonomy in matters involving the Charter.
A National Debate with Local Roots
While the Bloc leader’s Ottawa stop is unusual, the message is aimed squarely at Quebec voters who see the federal government as overreaching into provincial affairs.
The timing also underscores how debates over secularism, language, and legal autonomy continue to define not only Quebec politics, but the contours of national unity and Canadian constitutional law.
As the federal election campaign unfolds, expect the future of the notwithstanding clause — and who gets to decide when it’s used — to be a flashpoint in the battle between provincial rights and federal oversight.
