Header image: The Charter
[page under construction, as this issue snowballs]
KF Link: Freedom of expression for teachers in K-12 in British Columbia https://kieranfor.de/2025/02/03/freedom-of-expression-for-teachers-in-k-12-in-british-columbia/
Notwithstanding Clause
(Sept 18, 2025) Courts should be able to rule on whether provincial laws violate Charter: Manitoba Supreme Court filing
https://www.cbc.ca/news/canada/manitoba/quebec-bill-21-notwithstanding-clause-supreme-court-intervener-1.7637509
- Manitoba has filed its intervention in the Supreme Court fight over Quebec’s controversial secularism law, arguing that courts across Canada should be able to issue opinions on whether other jurisdictions’ laws — including those that use the notwithstanding clause — violate the rights of Canadians.
“We are intervening” in the Supreme Court case, [Premier Wab Kinew] said. “We’re standing up for Manitobans, but more importantly, we’re standing up for democracy.”
- The Supreme Court has agreed to hear a legal challenge of Bill 21 brought by several groups that oppose the Quebec law, though a date for a hearing has not been set.
- Bill 21, which was passed in 2019, bans public-service workers, including teachers and judges, from wearing visible religious symbols while on the job.
- When the Charter was enshrined in 1982, some premiers worried that it would be too powerful and upset the balance of power between the federal and provincial governments. The notwithstanding clause was created to ensure these governments maintained supremacy over the courts.
- Former Ontario premier Bill Davis, who was in power when the clause was first written, told TVO in 2018 that it was intended to be used in “exceptionally rare circumstances.”
[Reddit]
(Sept 18, 2025) Alberta to use notwithstanding clause on its three transgender laws: [leaked] memo
https://www.ctvnews.ca/edmonton/article/alberta-to-use-notwithstanding-clause-on-three-transgender-laws/
- Alberta Premier Danielle Smith has directed officials to invoke the Charter’s notwithstanding clause in amending three laws that affect transgender people, says a leaked government memo obtained by The Canadian Press.
- The three laws, introduced last year, establish rules for students changing their names or pronouns in school, ban transgender girls from participating in amateur female sports, and limit gender-affirming health care.
- The law prohibiting doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for youth under 16 isn’t yet in effect because of a temporary court injunction issued in June. Alberta appealed the injunction in August.
- The education law came into effect at the start of this school year. It requires students under 16 to have parental consent to change their names or pronouns in school. Those ages 16 and 17 don’t need consent, but their parents have to be notified.
- Saskatchewan Premier Scott Moe’s government used the clause in 2023 in its similar school pronoun law, which is also being challenged.
- Last month, a Saskatchewan court ruled the notwithstanding clause prevents it from striking down that pronoun legislation. However, the judges said the use of the clause doesn’t prevent them from issuing a declaratory ruling on whether the law violates constitutional rights.
- Saskatchewan Premier Scott Moe’s government used the clause in 2023 in its similar school pronoun law, which is also being challenged.
- The third law, which is in effect, blocks transgender athletes 12 and older from competing in female amateur sports in Alberta. Shortly after the school year started, some school divisions sent eligibility forms to parents asking them to confirm their children were assigned female at birth so they can compete on girls teams.
- Prime Minister Mark Carney has said he opposes the pre-emptive use of the notwithstanding clause.