When Quebec Premier François Legault publicly vowed to put a stop to praying in public places, he said he could once again turn to a rare legal tool to put the measure into law.
It’s called the notwithstanding clause, and it can be used to shield laws from legal challenges over violations of fundamental rights.
Legal experts say the increasing tendency of provincial premiers to use it, however, is a worrying trend that disregards the Charter of Rights and Freedoms.
“The notwithstanding clause has to be used only in the case of an emergency with very, you know, important issues. You cannot use that just like that, just for fun, just to score some political points, right? And this is what we’re seeing right now,” said Frédéric Bérard, a constitutional lawyer and partner at GBM Lawyers, in an interview on Monday.
Legault made the surprising comments about prayer last Fridayon the last day of the fall legislative session, …