Saskatchewan Rejects NDP Bill to Limit Notwithstanding Clause Use

URGENT UPDATE: The Saskatchewan government has officially rejected a pivotal NDP proposal aimed at scrutinizing the use of the notwithstanding clause from the Canadian Charter of Rights and Freedoms. On October 30, 2023, the NDP introduced Bill 611, seeking to empower the provincial Court of Appeal to assess future legislation that invokes this controversial clause.

The NDP argues that this bill is critical to safeguarding citizens’ rights and serves as a necessary check on what they term “government overreach.” NDP house leader Nicole Sarauer emphasized that the bill is a direct response to alarming trends seen in provinces like Alberta. “Our focus is on the most immediate threats, which is what [Alberta Premier] Danielle Smith did in Alberta,” Sarauer stated, referring to Alberta’s recent invocation of the clause to bypass teachers’ rights during a provincewide strike.

The backdrop to this urgent issue involves the Alberta government’s controversial decision that many believe jeopardized workers’ rights. The NDP seeks to prevent a similar scenario in Saskatchewan, particularly for its healthcare workers who have been without a contract for over three and a half years. Kent Peterson, president of CUPE Saskatchewan, was present at the legislature during the bill’s introduction and voiced strong concerns. “Our rights could be overwritten by the use of the notwithstanding clause, allowing the government to impose contracts and set wage rates without negotiation,” he warned.

However, Saskatchewan’s Justice Minister Tim McLeod has rejected this legislative proposal, claiming, “The notwithstanding clause is a right of the people of Saskatchewan to be considered democratically, not judicially.” Given that the ruling Saskatchewan Party holds a majority in the legislature, the bill is unlikely to pass, especially with all government MLAs expected to vote against it.

This developing situation is crucial as it highlights the ongoing tensions between government authority and individual rights in Canada. The implications of this rejection could resonate beyond Saskatchewan, especially as other provinces grapple with similar issues regarding workers’ rights and governmental powers.

As the political landscape evolves, observers will be watching closely for any further actions from the NDP and responses from the government. The urgency of safeguarding workers’ rights remains a pivotal discussion point in Saskatchewan and across Canada. Stay tuned for more updates as this story develops.