Charter at a turning point as it turns 44
Posted: Fri Apr 17, 2026 2:24 pm
Legal experts worry Charter facing a 'slow death' with frequent invocation of notwithstanding clause
"Justice Minister Sean Fraser says he has significant concerns with the way the provinces are overriding Charter rights by invoking the notwithstanding clause, and he's prepared to establish guardrails around its use at the federal level..."
If the provinces are the problem, and they are, why only restrict it at the federal level? The plan at Confederation, and for decades after, was that the federal government would prevent provincial governments from abusing rights, using the disallowance power. Eventually that role was taken over by the courts, and the Charter. But if the Charter is fast becoming a dead letter, via the notwithstanding clause, then Canada would be left, for the first time in our history, with no effective protection for rights. That is, we will, unless the feds act.
The feds have the power to protect our rights. They should use it.
"Justice Minister Sean Fraser says he has significant concerns with the way the provinces are overriding Charter rights by invoking the notwithstanding clause, and he's prepared to establish guardrails around its use at the federal level..."
If the provinces are the problem, and they are, why only restrict it at the federal level? The plan at Confederation, and for decades after, was that the federal government would prevent provincial governments from abusing rights, using the disallowance power. Eventually that role was taken over by the courts, and the Charter. But if the Charter is fast becoming a dead letter, via the notwithstanding clause, then Canada would be left, for the first time in our history, with no effective protection for rights. That is, we will, unless the feds act.
The feds have the power to protect our rights. They should use it.