Overriding the Charter to enforce stricter criminal laws sets a dangerous precedent,” Trudeau
In recent weeks, statements made by Conservative Party Leader Pierre Poilievre regarding the potential use of the notwithstanding clause have garnered significant attention and debate. As the election approaches, it is crucial for Canadians to understand the implications of these remarks.
Pierre Poilievre, known for his commitment to “stop the crime” and “restore freedom,” has proposed utilizing the notwithstanding clause, a provision in the Canadian Charter of Rights and Freedoms that allows Parliament or provincial legislatures to temporarily override certain Charter rights. This clause has never been invoked by the federal government, making Poilievre’s suggestion particularly noteworthy.
In a recent speech to the Canadian Police Association, Poilievre emphasized his focus on criminal justice reforms, stating that he would use the notwithstanding clause to implement stricter bail conditions for individuals with extensive violent crime records and to enforce consecutive sentencing over concurrent sentencing. “All of my proposals are constitutional, and we will make sure – we will make them constitutional using whatever tools the constitution allows me to use,” Poilievre stated during his speech.
Justice Minister Arif Virani criticized Poilievre’s approach, arguing that the notwithstanding clause should be a last resort and that defending Charter rights, even for the accused, is essential in a democracy. Prime Minister Justin Trudeau echoed these concerns, highlighting the potential risks to fundamental freedoms and protections for vulnerable communities.
“The notwithstanding clause is there to protect fundamental rights and freedoms. Overriding the Charter to enforce stricter criminal laws sets a dangerous precedent,” Trudeau remarked.
Poilievre’s office has clarified that the use of the notwithstanding clause would be limited to criminal justice matters, aiming to enhance public safety and uphold law and order. However, this has raised concerns about the broader implications for civil liberties and governance.
As voters consider their choices in the upcoming election, it is vital to reflect on how these proposed policies align with Canadian values. The debate surrounding the notwithstanding clause and its potential federal use is a significant aspect of this consideration.