Poilievre Vows to Use Notwithstanding Clause for Criminal Justice

Canadian Conservative leader Pierre Poilievre has declared that he would invoke the notwithstanding clause to override Charter-protected rights and freedoms, but only in matters related to criminal justice. Poilievre's spokesperson, Sebastian Skamski, emphasized that the focus is on ensuring "the worst criminals like mass murderers and child predators are in jail and the safety of Canadians is protected."

Why this matters: The use of the notwithstanding clause in criminal justice matters raises concerns about the balance between individual rights and public safety, with implications for the broader interpretation of the Charter of Rights and Freedoms. This debate could have far-reaching consequences for the Canadian justice system and the rights of its citizens.

The notwithstanding clause, which gives governments the power to suspend certain Charter rights for up to five years, has been used by provinces to curtail labour rights and freedom of expression and religion. However, it has never been triggered at the federal level. Poilievre's comments have drawn criticism from the governing Liberals and the NDP, who view it as an attack on fundamental rights.

Poilievre specifically referenced the case of Alexandre Bissonnette, who killed six Muslim worshippers at a Quebec City mosque in 2017 and received an automatic life sentence with no parole eligibility for 40 years. The Supreme Court ultimately ruled in 2022 that sentencing mass killers to whole-life sentences constitutes cruel and unusual punishment. Poilievre criticized the ruling, stating, "Six innocent Muslims murdered, and he gets only 25 years? I think that's a disgrace."

Legal experts argue that Poilievre's comments misrepresent Bissonnette's sentence. University of New Brunswick associate professor of law Kerri Froc noted, "The public has no sympathy for people that do those kinds of things. That's the reason we have the Charter: To set a baseline of protected rights that people have because they are human, not because they are popular." Queen's University associate professor of law Lisa Kerr added, "This change would do nothing to protect anyone from crime."

Poilievre's stance on the notwithstanding clause has reignited the debate in the legal community over its purpose and whether its use needs to be curtailed. While some view it as a legitimate check on the courts, others argue that it underminesfundamental rightsenshrined in the Charter. As the Conservative leader doubles down on his position, the issue is likely to remain a point of contention in Canadian politics.

Key Takeaways

• Canadian Conservative leader Pierre Poilievre would invoke the notwithstanding clause to override Charter rights in criminal justice matters.
• Poilievre's goal is to keep "worst criminals" like mass murderers and child predators in jail and protect Canadians' safety.
• The notwithstanding clause has never been used at the federal level, but has been used by provinces to curtail labour rights and freedom of expression/religion.
• Poilievre's stance has drawn criticism from Liberals and NDP, who view it as an attack on fundamental rights.
• Legal experts argue that Poilievre's comments misrepresent the sentence of Alexandre Bissonnette, a mass killer.