PM warns Legault on notwithstanding vow
Powerful clause must be used with care, Trudeau tells Quebec premier-designate
OTTAWA — Prime Minister Justin Trudeau wants Quebec premier-designate François Legault to think carefully before using the notwithstanding clause.
The day after winning Monday’s provincial election, Legault vowed to use the powerful constitutional clause if necessary to uphold a proposal to prohibit some state employees — such as police officers and teachers — from wearing religious symbols at work.
The proposed ban would include garments like the Jewish kippa and Muslim hijab.
Legault insisted the ban is important enough to invoke the Constitution’s notwithstanding clause, which would override the Charter of Rights and Freedoms.
But Trudeau said Wednesday the clause should be reserved for “exceptional circumstances” and should only be deployed after deep reflection about the consequences.
“It’s not something that should be done lightly because to remove or avoid defending the fundamental rights of Canadians, I think it’s something with which you have to pay careful attention,” Trudeau said.
“As you know very well, I’m not of the opinion that the state should be able to tell a woman what she can wear, nor what she cannot wear. The Charter of Rights and Freedoms is there to protect our rights and our freedom.”
Legault’s centre-right Coalition Avenir Québec won a convincing majority mandate in the provincial election after promising to carve out more autonomy for the province.
His rise to power appears destined to create fresh conflicts between Quebec and Ottawa.
In reaffirming his position Tuesday, Legault said he believes most Quebecers want to have a framework in place to prevent people in authority positions from wearing religious symbols.
“If we have to use the notwithstanding clause to apply what the majority of Quebecers want, we will do so,” he said.