Bloc Québécois forcing vote on the pre-emptive use of the notwithstanding clause Monday

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OTTAWA — The Bloc Québécois is forcing a vote on the pre-emptive use of the notwithstanding clause by provinces. The debate in the House of Commons prompted the Liberals and the NDP to team up to firmly denounce its use and the Conservatives to tiptoe around the issue.

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Bloc leader Yves-Francois Blanchet chose to use his party’s opposition day motion on Thursday to push the idea “that it is solely up to Quebec and the provinces to decide on the use of the notwithstanding clause” — even going as far as comparing its pre-emptive use to a vaccine which would prevent courts of law from dictating to provinces what they can and cannot do.

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Quebec has used it to restrict people wearing religious symbols from certain public sector jobs and to restrict the use of English in the public sphere; more recently, Ontario used it in a back-to-work bill meant to quash a labour strike but ultimately repealed the entire bill.

Prime Minister Justin Trudeau said his Minister of Justice, David Lametti, would be looking into referring the matter to the Supreme Court. Quebec’s François Legault was the only premier to react, saying it would be a “frontal attack” on his province’s ability to protect its collective rights.

“Let’s be clear: by pre-emptively invoking the notwithstanding clause, a government is saying that it knows it is violating Canadians’ fundamental rights and freedoms … but that it is going ahead anyway without giving the courts a chance to weigh in,” said Bendayan.

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NDP MP Charlie Angus said that it is “deeply concerning” that provinces are using the notwithstanding clause pre-emptively to target workers and religious minorities.

Conservatives, on the other hand, did not directly address the core issue but rather chose to blame the Liberals for sowing division since they came to power and for being the root cause of why provinces have been feeling the need to invoke the notwithstanding clause.

“After eight years of this Liberal government, eight years of this Liberal Prime Minister, we’re seeing motions that are trying to stoke constitutional crises, rather than bringing our country together,” said Conservative MP John Nater.

“We, in the Conservative benches, have always stood for the rights and freedoms of Canadians.”

Asked to comment on Ontario’s recent use of the notwithstanding clause during labour negotiations, Nater said that his party also believes in respecting provincial jurisdiction. A spokesperson for the party did not specify what the party’s position is on the motion.

It appears that the Liberals and the NDP will be voting against the Bloc’s motion, thus securing enough votes to ensure it does not pass.