Moe will “strongly oppose” Liberal notwithstanding clause meddling

Saskatchewan Premier Scott Moe announced his government will “strongly oppose” the federal Liberals’ efforts to restrict the notwithstanding clause.

Source: Facebook

Saskatchewan Premier Scott Moe announced his government will “strongly oppose” the federal Liberals’ efforts to restrict the notwithstanding clause, gaining inter-provincial support from Quebec, Ontario, and Alberta.

The premier weighed in on the issue for the first time on Friday, calling it a “significant infringement on the autonomy of provinces and their elected legislatures.”

“The common argument that using the notwithstanding clause is a violation of the Constitution is false,” wrote Moe in a post to X.

“The notwithstanding clause is part of the constitution that Premiers like Alberta’s Peter Lougheed and Saskatchewan’s Allan Blakeney fought to have included, because they understood that when there is a “collision of rights,” the will of the duly elected legislature, not the courts, should prevail.”

The notwithstanding clause, Section 33 of the Charter, was fundamental to the negotiation of the 1982 Constitution, as it preserves the sovereignty and authority of provincial legislatures.

Earlier this week, the federal government asked the Supreme Court to restrict provincial governments as part of Ottawa’s intervention in the legal battle over Quebec’s Bill 21, also known as the secularism law.

Bill 21, passed in 2019, declared Quebec a secular state and banned government employees from wearing religious symbols such as hijabs, turbans, or crosses at work. It was later defended from litigation using the notwithstanding clause.

Ontario and Alberta voiced support for the notwithstanding clause in their own filings Wednesday, arguing the Constitution was not something to be “undermined” by the Supreme Court.

Moe said that the notwithstanding clause was an “elegant way to deal with the inevitable decisions that will occur between rights which we seek to protect through legislative and executive action, and rights which we seek to protect through judicial action.”

“I completely agree with Premier Blakeney and strongly disagree with Ottawa’s attempt to limit provinces’ ability to use the notwithstanding clause,” he added.

Minister of Justice Sean Fraser admitted that the Liberals’ push to limit the notwithstanding clause goes beyond Quebec’s secularism law in a statement on Thursday, revealing a deeper agenda to redefine Section 33 itself.

“This case is about more than the immediate issues before the Court. The Supreme Court’s decision will shape how both federal and provincial governments may use the notwithstanding clause for years to come,” said Fraser.

Alberta Premier Danielle Smith said Wednesday she was “extremely disappointed” in the federal government, saying it risks national unity and “a foundational principle of our constitution.”

“While the Alberta government does not support the content of Quebec’s Bill 21, we stand shoulder to shoulder with Quebec’s constitutional right to invoke the Notwithstanding Clause as its government deems fit,” wrote Smith.