Ontario government’s intent to use the notwithstanding clause as part of a controversial bill that would impose a contract on provincial education workers has been condemned by Canada Prime Minister Justin Trudeau.
The clause allows the legislature to override portions of the Canadian Charter of Rights and Freedoms for a five-year term.
“Using the notwithstanding clause to suspend workers’ rights is wrong,” Trudeau was reported saying, adding collective bargaining negotiations need to happen respectfully despite any difficulty that arises.
“The suspension of peoples’ rights is something that you should only do in the most exceptional circumstances, and I really hope that all politicians call out the overuse of the notwithstanding clause to suspend peoples’ rights and freedoms.”
Federal Justice Minister David Lametti is looking at how Ottawa could challenge as the province’s use of the notwithstanding clause preemptively is “exceedingly problematic” as it cuts off political debate and judicial scrutiny.
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