It would be better if Canadians themselves stood up to provinces that use the Constitution’s notwithstanding clause to suspend rights rather than the federal government having to intervene, Prime Minister Justin Trudeau said Friday.
Trudeau was speaking to reporters in Toronto the day after the Ontario government passed back-to-work legislation that invoked the clause, imposing contracts on approximately 55,000 education workers and banning them from going on strike. Despite that, the members of the Canadian Union of Public Employees began their strike on Friday as planned, saying they will fight the new law.
“The proactive use of the notwithstanding clause is actually an attack on people’s fundamental rights, and in this case, is an attack on one of the most basic rights available, that of collective bargaining,” said Trudeau, who also condemned the use of the clause when he spoke by phone with Premier Doug Ford this week.
“It would be much better if instead of the federal government having to weigh in and say, ‘You really shouldn’t do this, provincial governments,’ it should be Canadians saying, ‘Hold on a minute. You’re suspending my right to collective bargaining? You’re suspending fundamental rights and freedoms that are afforded to us in the Charter?’”
The clause has been used a number of times since its creation in the early 1980s, notably by Quebec, including in its 2019 law banning certain public sector workers from wearing religious symbols. Ontario used it for the first time last year.
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