It has been such a simple cure-all that François Legault seems to reach for it any time he feels like it
Ewan Sauve, right, press attache, walks along as Quebec Premier Francois Legault walks to a news conference prior to question period at the legislature in Quebec City, on Oct. 29.Public policy can be hard. But when your government faces a conundrum, why not sprinkle a little notwithstanding clause on it to make things easier?The Premier notes that Quebec medical schools devote resources to train doctors and some of them leave to practise medicine elsewhere.
It has been such a simple cure-all that Mr. Legault seems to reach for it any time he feels governing might cause a headache. It still might be possible to pass a law that gets to the intended goal. A lot depends on how Quebec drafts the legislation, and whether it can convince a court that its infringements on mobility rights are reasonable limits that are “demonstrably justified,” Queen’s University law professor Mark Walters noted in an e-mail.
There’s plenty of debate about the legitimacy of the use of the clause. Some politicians and legal scholars see it as a tool that should never be used, one only included in the Charter so politicians could make a deal on the Constitution.
Politics Canadian Politics Canada Noastack Clause Quebec Charter Rights Premier Law Policy Section Queen 'S University Eric Adams
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