Manitoba's New Bill Gives Judges a Voice When Provinces Use Notwithstanding Clause
Manitoba is proposing a bill that would give judges a say when the province uses the notwithstanding clause to override constitutional rights. Premier Wab Kinew, who has been advocating for greater bilingualism, is behind the move.
The bill, currently before the legislature, would require any legislation invoking the notwithstanding clause to be referred to the province's Court of Appeal. Judges would not have the power to strike down the legislation but could comment on its constitutionality, ensuring voters are aware of the judges' opinions.
Manitoba, which has never used the notwithstanding clause and has no plans to do so under Premier Kinew, has intervened in a Supreme Court case over Quebec's use of the clause. Other provinces have employed the clause to limit the rights of religious and other minorities.
The Manitoba government's bill aims to increase transparency when the notwithstanding clause is invoked. While Manitoba has no intention of using the clause, it seeks to ensure that, if other provinces do, voters will be informed of judges' opinions on the legislation's constitutionality.
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