RUSTAD: When courts overstep and undermine those democratic decisions, the notwithstanding clause is a legitimate tool to restore balance and accountability

John Rustad, Leader of the Conservative Party of British Columbia, is speaking out in support of the right of provinces to use the notwithstanding clause when necessary to ensure that elected legislatures, not unelected judges, make key public policy decisions.

“British Columbians expect the laws passed by their elected representatives to reflect their values and priorities,” said Rustad. 

“When courts overstep and undermine those democratic decisions, the notwithstanding clause is a legitimate tool to restore balance and accountability. Policy choices should be made by those accountable to voters, not by unelected, unaccountable judges.”

Rustad emphasized that the clause is an essential safeguard in Canada’s Constitution, designed to protect provincial legislatures and the democratic process.

“The Liberals want to paint the notwithstanding clause as extreme, but the reality is simple: it was built into our system for a reason,” Rustad continued. 

“We will always defend the right of provincial governments to use it responsibly when the will of the people is at stake.”

Rustad pointed to growing concern across Canada that judicial activism is undermining the authority of legislatures. He underscored that Conservatives believe the people of British Columbia, through their elected representatives,  must have the final say on laws that impact their lives.

“Democracy means accountability,” Rustad concluded. “The notwithstanding clause is one of the tools that ensures it.”

Rustad also noted that Premier David Eby has remained silent on this constitutional crisis. 

“British Columbians deserve leadership from their Premier when the balance of power between legislatures and the courts is at stake,” said Rustad. 

“By refusing to weigh in, Mr. Eby is failing to stand up for the democratic rights of this province.”