Justice Minister Arif Virani has spoken out against Conservative leader Pierre Poilievre for suggesting he would use the notwithstanding clause for the first time at the federal level to circumvent court decisions on bail.
Poilievre also said in that speech that he wants to introduce more consecutive rather than concurrent sentences (stacking sentences on top of each other rather than serving them at the same time) which are controversial and not commonly used in Canada.
“I think Pierre Poilievre demonstrated very clearly to the Canadian public what his true intentions are regarding the notwithstanding clause and how easily he would use it,” Virani said Tuesday morning.
“He is indeed prepared to follow the example of many prime ministers of this country who have decided to use or threaten to use the notwithstanding clause.”
He However, the clause is a provision of the Charter of Rights and FreedomsSection 33, which allows federal or provincial governments to overrule court rulings and enact legislation regardless of the provisions of the constitution.
Heading into question period, Prime Minister Justin Trudeau echoed Virani’s criticism.
“Pierre Poilievre just proposed rolling back the fundamental freedoms and protections of Canadians. Repeal the charter that exists to protect women, minorities, and 2SLGBTQ+ communities. That’s not right and it’s not responsible,” Trudeau said.
It allows legislation that would breach certain sections of the Charter, including statutory rights and equality rights, to be effectively struck down for a period of no more than five years, before the invocation of the clause expires.
The notwithstanding clause cannot be used to override voting rights, language rights, mobility rights or sections on sittings of the House of Commons or provincial legislatures.
In his speech to the Canadian Police Association (CPA) on Monday afternoon, Poilievre told attendees that a Conservative government would enact a law that would prevent people with “a long history” of violent crimes or property crimes from high value get released on bail.
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He also said the Conservatives would introduce a law that would prevent people with similar backgrounds from being placed under house arrest.
“All my proposals are constitutional and we will make sure they are constitutional using whatever tools the constitution allows me to use to make them constitutional. I think you know exactly what I mean,” Poilievre said during a speech to the Police Association of Canada on Monday afternoon.
“They will happen and stay in place. “I will be the democratically elected prime minister, democratically accountable to the people and they will be able to judge for themselves whether they believe my laws are constitutional, because they will be.”
A spokesperson for Poilievre confirmed that he was referring to the non-detriment clause.
“As you know, Mr. Poilievre has spoken openly about the use of that section of Canada’s Constitution in the past… as he did again yesterday,” Sebastian Skamski said.
Virani said it is essential to defend the rights of the accused as a pillar of democracy.
“It is sometimes unpopular to defend the Charter rights of people, including those who are accused of criminality, but it is absolutely critical in a democracy,” Virani said.
During his speech, Poilievre noted the transfer of notorious serial killer Paul Bernardo from a maximum-security facility to a medium-security penitentiary last year, which was done under a 2018 Penal Code amendment that said inmates should be held in the “least restrictive zones.” “Possible environment.
“We’re going to repeal that, and it will be an automatic fait accompli that multiple murderers will remain in maximum security and, by the way, will have consecutive sentences, not simultaneous ones. Multiple murderers will only come out of prison in a box,” said Poilievre to applause from those attending the CPA.
The notwithstanding clause has never been used at the federal level, but has been used several times by various prime ministers.
Recent examples include Saskatchewan Premier Scott Moe using the notwithstanding clause last fall to move forward with a policy requiring parental consent for children under 16 to change their name or pronouns at school in the midst of a court challenge.
Quebec used it in 2019 and earlier this year to protect its controversial Bill 21 from court challenges, and Ontario used it in 2021 due to changes in electoral spending rules.
Ontario Premier Doug Ford has also threatened to use the bill on other occasions before deciding not to do so in those other cases.
Virani urged caution in demonizing people accused of crimes, pointing to the recent acquittal of Umar Zameer, who was granted bail and ultimately acquitted in Const.’s first-degree murder trial. Jeffery Northrup in Toronto.
“When he was granted bail, people in elected office, including the premier and two mayors of the Greater Toronto Area, declared that this was a tragedy and an injustice, stating how it is possible for an individual to be granted bail.” like that,” Virani said.
“Bail is constitutionally protected by Section 11. I would encourage Mr. Poilievre to take a look at that document, but I’m sure he’s already looking at what other Charter rights he can trample on.”
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