Hub Podcasts Why is Carney trying to blow up our constitutional order?
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Sep 23, 2025 Joanna Barron, a keen commentator and legal observer, dives into the implications of the federal government's push to alter judicial review concerning the notwithstanding clause. She explores how this move could dangerously shift power to judges, jeopardizing democratic accountability. Barron raises critical questions about whether the government's actions might provoke a crisis of national unity, sparking a broader debate on the balance between legislative intent and judicial oversight.
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Carney’s Unnecessary Constitutional Gamble
- Mark Carney asked the Supreme Court to limit the notwithstanding clause, risking national unity by challenging long-standing precedent.
- If accepted, the move would expand judicial power and provoke provinces like Alberta, Ontario and Quebec.
Inside-Government Motive Uncertainty
- Howard Anglin offers two theories for the government's motive but cautions his guesses may be wrong based on past government unpredictability.
- He recounts his government experience to explain why internal motives are often misread from the outside.
A Strategic Play To Be 'Charter Party'
- One theory is advisers want a constitutional fight to brand the Liberals as defenders of the Charter and paint opponents as intolerant.
- This could be politically savvy given the Charter's popularity, but risks appearing to pick an unnecessary fight.