Preventing the Charter’s early death will take a joint committee, a referendum, and strong public will to protect our democracy

Federal, provincial, and territorial governments that support an undiminished Charter must start acting outside the usual legislative and judicial box in order to save it.

Legislation brought forward by Quebec Premier François Legault, left, and Ontario Premier Doug Ford, in recent years has prompted conversations about whether the notwithstanding clause could lead to the Charter of Rights and Freedoms’ early death.

Opinion

BY ERROL MENDES

February 1, 2023

OTTAWA—On Jan. 23, Prime Minister Justin Trudeau triggered a potential future showdown with the premiers of Quebec, Ontario, and potentially others when he asserted that provinces should not pre-emptively use the notwithstanding clause, because it means "suspending fundame...

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