this post was submitted on 03 Oct 2023
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Sask. premier 'jumping the gun' with turn to notwithstanding clause for pronoun policy: expert (www.cbc.ca)
submitted 1 year ago by [email protected] to c/canada
20 comments fedilink hide all child comments
 

Saskatchewan's premier says he'll use the notwithstanding clause to override a court injunction that has paused the province's new pronoun policy for students. But a professor says the clause is meant to be used as a tool of last resort.

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[–] Jason2357 34 points 1 year ago (2 children)

There really needs to be a consequence for using the notwithstanding clause or otherwise violating charter rights. Time and time again, populist politicians violate them to stoke votes, gain political momentum, then many years down the road, lose in court and their policies are reversed (paid by a future government with tax dollars). It's usually not as egregious as this, but it's a constant thing. Look at the public pay freeze that was just reversed in Ontario.

[–] tjernobyl 4 points 1 year ago (1 children)

Were I a policymaker, I'd advise my party to advance a bill to amend the relevant Elections Act such that an invocation of the Notwithstanding Clause moves up the date of the next election into the next six months. Enough time to deal with a legitimate crisis, but not so much time that the electorate will forget.

[–] Jason2357 4 points 1 year ago

I'm not sure that helps. Here's my thinking: When it's done in bad faith, it's usually used for a populist cause, even though it's ultimately illegal. A snap election just lets them ride that popular support to another government, and as usual, the legal ruling comes much, much later. I don't really know the solution. The legal system is necessarily very slow, and that's a good thing, but it means that a politician can basically ignore whether a bill is legal or not, as they will never see any consequences.

[–] [email protected] 5 points 1 year ago

We just need to get rid of that thing.

[–] skozzii 3 points 1 year ago

I wish the province would wake up and vote this guy out.

We are lemmings.