Khan: Political leaders need to be challenged on the notwithstanding clause 

Unlikely to become an election issue, provincially or federally, but good points:

…Constitutional clauses that grant considerable powers can become destabilizing over time. Down south, the rule of law is being threatened by the rule of the presidential pardon. Here, we are morphing into the “True North, Strong and Free – Notwithstanding.”

We can reverse the trend through sustained public engagement. We must demand that our elected officials refrain from using the notwithstanding clause – and if they do use it, to not to do so pre-emptively. We must ensure that laws with the potential to harm basic freedoms are fully challenged in court in the light of day so that the public is fully aware.

We can also make it an election issue. As premier, Mr. Ford has threatened to use or has used the clause four times: in 2018, to reduce the size of Toronto’s municipal council; in 2021, to restrict third-party spending before an election; in 2022, to prevent education workers from negotiating or striking; and in 2024, to clear homeless encampments. If he truly cares about fairness for all Ontarians, make him pledge not to use this threat again. Other provincial and federal leaders should also be challenged on their views on the clause.

During this period of intense patriotism, let’s define who we are: a generous, centrist people who believe in fairness. Especially when it comes to our basic freedoms.

Source: Political leaders need to be challenged on the notwithstanding clause