Poilievre suggests to police that he may use notwithstanding clause to alter justice laws

Conservative leader Pierre Poilievre has stirred controversy with his recent comments about using “whatever tools the constitution allows” to pass criminal justice laws if his party forms the next government. Speaking to the Canadian Police Association, Poilievre outlined his plans to implement stricter bail requirements and make it harder for convicted murderers to transfer out of maximum security prisons.

While Poilievre insisted that all his proposals are constitutional, he did not specify what tools he was referring to. In the past, he has mentioned using the notwithstanding clause to overturn a Supreme Court decision that struck down a law allowing judges to impose consecutive 25-year blocks of parole ineligibility for multiple first-degree murders.

The notwithstanding clause, found in Section 33 of the Canadian Charter of Rights and Freedoms, gives parliaments the power to override certain portions of the charter for five-year terms when passing legislation. Once invoked, it prevents judicial review of the legislation in question.

Errol Mendes, a law professor at the University of Ottawa, expressed concerns about the potential consequences of using the notwithstanding clause at the federal level. He warned that normalizing its use could undermine the integrity of the Charter as a whole.

The debate over Poilievre’s stance on using the notwithstanding clause has sparked discussions about the balance between parliamentary sovereignty and judicial oversight in Canada’s legal system. As the election approaches, Canadians will have to consider the implications of Poilievre’s proposed approach to criminal justice reform.