OTTAWA — “Irreparable” attack on federalism or necessary protection of Charter rights? To pass his 2019 bill, Quebec Premier François Legault invoked section 33 of the Charter of Rights and Freedoms, known as the notwithstanding clause. One argued that the current view on the notwithstanding clause would also allow a “mini-Trump” to legally run roughshod on Canadians’ rights. Downey said the case is a “generational” test of Canadian federation, going so far as saying that those calling for limits on the notwithstanding clause are endangering the federation. “Section 33 assumes… that the voters can and will assess their government’s use of the notwithstanding clause,” added Downey.

Source: National Post March 25, 2026 19:08 UTC