Tom Axworthy, former principal secretary to Pierre Trudeau, expresses resignation over the increasing use of the notwithstanding clause of the Canadian Charter of Rights and Freedoms by provincial governments, attributing this trend to rising populism among premiers. Legal experts are concerned that this trend may threaten minority rights, although some argue it is a legitimate constitutional tool. Recently, Alberta Premier Danielle Smith invoked the clause for legislation affecting transgender rights, while Ontario’s Doug Ford has also considered its use for sex offender registry legislation. The clause, used more frequently since 2018, allows governments to override court decisions on specific Charter sections for five years, becoming more normalized in political discourse without significant backlash.
