>Alberta Premier Danielle Smith said her government is increasingly willing to use the notwithstanding clause to counter judges who she believes have strayed too far from the public interest in their rulings.
>Smith made the remarks in a year-end interview with Postmedia on Nov. 27.
>She said the decision to use the controversial clause in those instances was in part informed by the need to respond to judicial rulings she believes do not reflect the values of Albertans.
>“Do we have confidence that our judiciary is reflective of the values that we have in our province? Because most of our judiciary is appointed by the federal government, and we’ve had 10 years of judges being appointed by Justin Trudeau,” she said.
>“When you see ideology getting into these judgments and the judges, they don’t face the electorate the way we do.”
maxgrody on
so court rulings are crocks
jello_sweaters on
Mark my words: we will discover Danielle Smith was always TRYING to provoke a constitutional crisis, as part of her deliberate effort to break Confederation.
I can see where she’s coming from, there are a lot of activists judges who take way too much artistic purchase when interpreting the law.
I don’t want a government that violates the constitution but I also want judges who follow the law and won’t create a 3 tier justice system.
[deleted] on
[deleted]
Nonamanadus on
How about when Smith gets booted out we use the notwithstanding clause to pull her pension.
Minor-inconvience on
As long as judges use the “living tree doctrine”’to do whatever they want this should surprise no one. Activist judges use this “constitutional principle” that is written nowhere to justify their rulings that have no basis in the charter. The not withstanding clause was put there to stop this garbage.
Expect this to continue as long as judges rule charter rights mean you can’t lock up violent criminals, force men into women’s spaces and sports, mutilate children, preferential treatment for natives etc etc.
CoolEdgyNameX on
Unless you have been criticizing Quebec just as fiercely since the constitution was founded I don’t want to hear one word about how “unconstitutional” or wrong it is. Alberta is simply doing what Quebec has been doing for decades. If it’s right for one province it’s right for all. And if we don’t like it we can vote the bums out.
And like it or not Quebec has gotten very favourable treatment due to their willingness to play hardball. I’m surprised it’s taken this long for another province to do the same thing.
UpperLowerCanadian on
Justice system needs this for minimum sentences being overturned continuously by judges.
This is exactly why they put this clause into the constitution. I’m glad to see they are finding the balls to use it
Mammoth_Amoeba6186 on
When the laws and the courts state your beliefs are against the common good of the people. NOTWITHSTANDING Clause, to the rescue. I hate this party of idiots
sajnt on
The problem is this is exactly what those who voted for her want.
hamtronn on
Little tired of this government telling me what rights and freedoms they think I should be following. How about “for everyone” and not just who the far right feel is deserving. Trans people are people. Full stop.
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>Alberta Premier Danielle Smith said her government is increasingly willing to use the notwithstanding clause to counter judges who she believes have strayed too far from the public interest in their rulings.
>Smith made the remarks in a year-end interview with Postmedia on Nov. 27.
>In the past three months, her government used Section 33 of the Canadian Charter of Rights and Freedoms – also known as the notwithstanding clause – to [mandate striking teachers back to work](https://edmontonjournal.com/news/politics/alberta-teachers-strike-back-to-work-legislation) and later [to shield three of its laws regarding transgender persons](https://edmontonjournal.com/news/local-news/bill-9-alberta-invokes-notwithstanding-clause-on-its-three-laws-impacting-transgender-people) from legal challenges.
>She said the decision to use the controversial clause in those instances was in part informed by the need to respond to judicial rulings she believes do not reflect the values of Albertans.
>“Do we have confidence that our judiciary is reflective of the values that we have in our province? Because most of our judiciary is appointed by the federal government, and we’ve had 10 years of judges being appointed by Justin Trudeau,” she said.
>“When you see ideology getting into these judgments and the judges, they don’t face the electorate the way we do.”
so court rulings are crocks
Mark my words: we will discover Danielle Smith was always TRYING to provoke a constitutional crisis, as part of her deliberate effort to break Confederation.
[deleted]
Same as this story eh:
https://www.reddit.com/r/canada/comments/1putd74/albertas_smith_says_notwithstanding_clause/
In other words, the rule of law means nothing.
I can see where she’s coming from, there are a lot of activists judges who take way too much artistic purchase when interpreting the law.
I don’t want a government that violates the constitution but I also want judges who follow the law and won’t create a 3 tier justice system.
[deleted]
How about when Smith gets booted out we use the notwithstanding clause to pull her pension.
As long as judges use the “living tree doctrine”’to do whatever they want this should surprise no one. Activist judges use this “constitutional principle” that is written nowhere to justify their rulings that have no basis in the charter. The not withstanding clause was put there to stop this garbage.
Expect this to continue as long as judges rule charter rights mean you can’t lock up violent criminals, force men into women’s spaces and sports, mutilate children, preferential treatment for natives etc etc.
Unless you have been criticizing Quebec just as fiercely since the constitution was founded I don’t want to hear one word about how “unconstitutional” or wrong it is. Alberta is simply doing what Quebec has been doing for decades. If it’s right for one province it’s right for all. And if we don’t like it we can vote the bums out.
And like it or not Quebec has gotten very favourable treatment due to their willingness to play hardball. I’m surprised it’s taken this long for another province to do the same thing.
Justice system needs this for minimum sentences being overturned continuously by judges.
This is exactly why they put this clause into the constitution. I’m glad to see they are finding the balls to use it
When the laws and the courts state your beliefs are against the common good of the people. NOTWITHSTANDING Clause, to the rescue. I hate this party of idiots
The problem is this is exactly what those who voted for her want.
Little tired of this government telling me what rights and freedoms they think I should be following. How about “for everyone” and not just who the far right feel is deserving. Trans people are people. Full stop.