The question that has been dogging me since I read the federal government’s submission to the Supreme Court last week, which asked the Court to restrict the ability of governments to use the Charter’s notwithstanding clause, is: Why? Why would Mark Carney, who has flaunted his nationalist credentials and talked up the need for us to pull together as a country, risk provoking a national unity crisis?
By asking the Supreme Court to rewrite the Charter to give judges even more power to override democratic decision-making, Carney has staked out the most aggressive possible position on the issue, going much further than Justin Trudeau ever did. If the Court accepts the federal argument, it would overturn the longstanding constitutional status quo and directly challenge the positions of the Alberta, Ontario, and Québec governments.
What makes Carney’s move so strange is that it is unnecessary ...
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