The 'Save Our Charter' campaign seeks to limit occasions governments override Canadians' rights
Charter advocates are launching a national campaign on the notwithstanding clause in hopes of drumming up public support for what they call a “deeply concerning” misuse of the tool governments can use to override Canadians' otherwise enshrined rights.
An example of this was Ontario Premier Doug Ford’s government's use of the Section 33 clause in 2022 to prevent educational workers from striking amid contract negotiations. The Ford government repealed this Sec. 33-equipped legislation after quick and significant public outrage and protest.Finally, it wants the courts to have the ability to strike down laws that invoke the notwithstanding clause in some cases.
Ford, who encouraged mayors to publicly call on him to use the notwithstanding clause to clear encampments without ensuring residents had somewhere to go, recently backtracked on the preemptive use of the legal measure. Instead, he said he is “confident” the measures in the bill will be "common sense, practical and entirely aligned with the Charter of Rights and Freedoms."
“Courts have already recognized that unhoused people have a right to shelter, and if there is no safe shelter accessible and housing accessible, well, they have a right to be in encampments,” Bussières McNicoll said.
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