Former PM Jean Chrétien Critiques Premiers for Overusing Notwithstanding Clause

Former Prime Minister Jean Chrétien expressed serious concerns about the increasing use of the notwithstanding clause by Canadian premiers, warning that it is being invoked too hastily for “marginal reasons.” Speaking at a Journalists for Human Rights event in Toronto, he emphasized that the original intent of the clause, which allows legislatures to override certain parts of the Charter of Rights and Freedoms for up to five years, has been lost.

Chrétien, who played a key role as justice minister in negotiating the clause’s inclusion in the Charter in 1981, stated, “It was not designed for that. It was designed for when there was a court going too far, politicians can intervene.” His remarks came shortly after Alberta invoked the clause to mandate that striking teachers return to work, highlighting a trend where provinces like Quebec, Ontario, and Saskatchewan have similarly employed the provision in recent years.

Concerns for Democracy and Global Relations

During his address, Chrétien also shared his views on the current state of democracy, particularly in the United States. He pointed out the troubling implications of President Donald Trump deploying National Guard troops in several cities to manage protests, describing it as a “very bad sign.” Although he refrained from offering unsolicited advice to current leaders, he indicated a belief that Canada must assert itself more strongly in international affairs.

Reflecting on his discussions with Prime Minister Mark Carney, Chrétien expressed satisfaction with the current political climate, noting, “I’m quite happy with the present situation.” He recounted a breakfast meeting with former U.S. President Bill Clinton, who was in high spirits following significant Democratic victories in recent elections, including the election of Zohran Mamdani as mayor of New York City.

Chrétien reminisced about Clinton’s support for Canadian unity during the 1995 Quebec referendum and shared a personal anecdote about a life-threatening incident shortly after the referendum. He recounted how, following an assassination attempt, his wife Aline locked the door and armed herself with a statue until police arrived, ultimately saving his life. “She was a great influence on me, and it was a very, very good partnership,” he said, paying tribute to her memory.

Reflections on Canada’s Global Position

In discussing Canada’s international relationships, Chrétien lamented what he perceives as a decline in the country’s global standing, particularly during a period he characterized as the “decline of the American empire.” He believes it is crucial for Canada to restore its diplomatic ties worldwide, emphasizing the importance of maintaining strong relationships in a changing geopolitical landscape.

Chrétien, who has remained a significant figure in Canadian politics even at the age of 91, continues to reflect on the implications of past decisions on present-day governance. His insights into the misuse of the notwithstanding clause and concerns about democracy resonate as Canada navigates its political future.

This report by The Canadian Press was first published on November 5, 2025.