Khan: The notwithstanding clause has unleashed a runaway train

Valid issue but nuclear option more theoretical than practical:

…Is it time for the nuclear option to be met by a thermonuclear one? Some have urged the federal government to see the provinces’ notwithstanding clause and raise them disallowance – the federal power to nullify a provincial law deemed unjust. And Senator Peter Harder has tabled Bill S-218, which places guardrails on the use of the notwithstanding clause at the federal level, including prohibiting pre-emptive use. 

A Charter statement must accompany an infringing bill which indicates which rights are infringed, the potential effects of the bill, and why Section 1 of the Charter cannot be used instead. Section 1 allows for reasonable limits on rights. There must be full debate. Finally, a super-majority in the House is required for passage.

Bill S-218 has sparked interest at the provincial level. Manitoba’s government has tabled legislation that would require full judicial scrutiny of any future government use of the clause, making sure the public is fully informed of a court’s inquiry. Manitoba Premier Wab Kinew vows his government will never use it: “The reason is simple – because we respect human rights as they are articulated in the Charter.” 

If only other premiers were so respectful of Canadians’ rights.

Source: The notwithstanding clause has unleashed a runaway train