Notwithstanding clause comes under federal lens following Ford’s move
OTTAWA — MPs could soon delve into the question of whether it is appropriate for a politician to use the Constitution’s contentious notwithstanding clause to override a court’s decision.
NDP justice critic Murray Rankin says he will formally ask the justice and human rights committee to explore the issue after the Ontario government reached for the rarely used constitutional tool in its bid to slash the size of Toronto city council.
Rankin, the committee’s vice-chair, says while the motion he plans to introduce is prompted by the recent tumult at Queen’s Park, the goal is not to draw attention to one premier or event. Rather, he wants to draw attention to the possibility of “routine and repeated use” of the clause, calling it a matter of grave concern.
The notwithstanding clause gives provincial legislatures and Parliament the ability to usher in legislation that overrides provisions of the Charter of Rights and Freedoms for a five-year period.