Former prime minister Jean Chrétien is warning that Canada’s premiers are too quick to use the notwithstanding clause, saying they’ve forgotten its true purpose and are now invoking it for “marginal reasons.”
Speaking at the Night for Rights gala organized by Journalists for Human Rights in Toronto on Wednesday, Chrétien — who as justice minister helped negotiate the clause’s inclusion in the Charter of Rights and Freedoms in 1981 — said the provision was never intended to be a political shortcut.
“It was not designed for that,” he told journalist Lisa LaFlamme during a live interview. “It was designed for when a court was going too far — politicians could intervene. That worries me very, very much.”
The clause, which allows governments to override certain Charter rights for up to five years, has been increasingly used by provinces. Alberta invoked it last week to force striking teachers back to work, while Quebec, Ontario, and Saskatchewan have all used it in recent years to push through controversial legislation.
In wide-ranging remarks, the 91-year-old former PM also voiced concern over the global state of democracy, particularly in the United States, where President Donald Trump recently deployed National Guard troops to quell protests. “It’s a very bad sign,” Chrétien said, calling it a troubling symbol of democratic decline.
He shared that he had breakfast earlier that day with former U.S. president Bill Clinton, who was “in a good mood” after Democrats scored several electoral victories, including Zohran Mamdani’s election as mayor of New York City. Chrétien said the results gave him hope that “Americans are paying attention.”
Asked about Trump’s tariffs and threats of annexation, Chrétien declined to criticize directly but expressed confidence in Prime Minister Mark Carney’s leadership. “I’m quite happy with the present situation,” he said.
Reflecting on his own years in office, Chrétien recounted surviving an assassination attempt at 24 Sussex Drive shortly after the 1995 Quebec referendum, crediting his late wife Aline Chrétien with saving his life. “She was a great influence on me and a very good partner,” he said. “It was because of her” that Canada stayed out of the Iraq War, he added, saying she persuaded him to seek a third term and resist U.S. pressure to join the invasion.
Looking at today’s world, Chrétien said Canada must rebuild international relationships amid what he called “the decline of the American empire.” His message: protecting rights and restoring diplomacy are more urgent than ever.