Liberale debattieren über Nutzung der „nuklearen Option“ im Gegensatz zur Ausnahmeklausel

https://www.thestar.com/politics/federal/liberals-to-debate-use-of-nuclear-option-against-notwithstanding-clause/article_30fb3686-a535-43c2-8044-127a961e434e.html

12 Kommentare

  1. konathegreat on

    Please don’t. There has to be some regional representation and not complete concentration of power from PMO.

  2. > When they gather in Montreal for their national convention on April 9, Liberals are set to debate 24 policy resolutions, including one from B.C. party members calling on the government to use disallowance on any provincial law that invokes the notwithstanding clause before court challenges are exhausted.

    > The resolution says that given provinces have used the clause to “legislate matters that are not aligned with Canada’s Constitution,” the federal government should use disallowance to invalidate those laws. Even if the resolution passes, it would not be binding on the government.

    > Disallowance hasn’t been used since 1943, but the provision remains part of the Constitution and allows the federal government to invalidate any provincial law. The policy proposal to be debated at the convention would see the federal government use that power anytime a province uses the notwithstanding clause without having first exhausted the court process.

    On one hand, forcing provinces to exhaust the court process in good faith is a good thing but as the article notes, provinces like QC would consider such a move as an absolute threat to their provincial independence.

    Almost seems like the better outcome here would be to create legislation which forces provinces to exhaust the court process anytime they want to invoke the notwithstanding clause.

  3. Humble-Post-7672 on

    I personally hate the notwithstanding clause it essentially turns your „rights“ into privileges. It’s not a „right“ if the government can take it away whenever they please.

  4. 100% in favour, some provincial governments are abusing it. We may actually get some pipelines built

  5. Get rid of it. Companies and governments have not been negotiating in good faith because they know it will be used to force people back to work.

  6. It wont happen quebec would get upset and there no way federal libs will upset Quebec.

  7. redpandafire on

    I’m in favor of invalidating. But many in my province would see this as abuse of power. And if they don’t, then my provinces government will take out ads to tell them it is.

  8. Proper-Editor4688 on

    While I think the Notwithstanding clause shouldn’t exist, I don’t think avoiding overriding the charter by the feds overriding it instead is really a good way of going about it.

  9. UCP and any separatists in this country are just rubbing their hands together hoping this is used. The UCP would use it as another fire up the base movement and separatists would gain a little popularity.

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