Conservative Leader Pierre Poilievre rises during question period in the House of Commons on Parliament Hill in Ottawa on May 1.The federal Conservatives say their proposed use of the notwithstanding clause to override Charter-protected rights and freedoms is focused on criminal justice matters but the Official Opposition did not rule out applying it to other policy areas as well, should they form government.
“The public has no sympathy for people that do those kinds of things,” University of New Brunswick associate professor of law Kerri Froc said. “That’s the reason we have the Charter: To set a baseline of protected rights that people have because they are human, not because they are popular.” Ms. Baron said the Conservative Leader’s comments represent a significant development in a brewing legal debate over whether the notwithstanding clause illegitimately overrides rights or serves as a legitimate check on courts.