Canada Plans Supreme Court Limits on Notwithstanding Clause Use Amid Quebec Secularism Dispute

The federal government of Canada is urging the Supreme Court to impose limits on the use of the notwithstanding clause, which allows governments to override certain Charter rights for up to five years. This call comes amid the ongoing challenge to Quebec's secularism law, Bill 21, which prevents public sector workers from wearing religious symbols and is shielded by the notwithstanding clause. Ottawa argues that prolonged or repeated use of this clause can effectively deny citizens their Charter rights and equates such use to an unauthorized constitutional amendment. The government also proposes that courts should be able to declare rights violations even if the clause prevents striking down the law, providing vital information to voters. However, Quebec, Ontario, and Alberta oppose these limits, emphasizing provincial sovereignty and warning against constitutional changes through judicial means. The Supreme Court's forthcoming decision is expected to significantly influence the balance of power between federal and provincial governments in Canada.