Love the idea or hate it, experts say federal use of notwithstanding clause would be a bombshell [Video]

Conservative Leader Pierre Poilievre’s suggestion this week that he would use the notwithstanding clause to push through criminal justice reforms would be a landmark moment in the history of the controversial mechanism, experts say.

In an interview on CBC Radio’s The House airing Saturday, defence lawyer Lindsay Board said federal use of Section 33 of the Charter of Rights and Freedoms, known as the notwithstanding clause, would be historic.

“It’s only been done a handful of times at the provincial level. It is incredibly politically significant and would perhaps set a precedent if that were invoked,” she told The House.

Speaking this week to a conference of the Canadian Police Association, Poilievre hinted at using the notwithstanding clause to implement criminal justice reforms on parole eligibility, concurrent sentencing and bail.

“We will make them constitutional, using whatever tools the Constitution allows me to use to make them constitutional. I think you know exactly what I mean,” Poilievre …