Hub Podcasts Poking the section 33 bear
Sep 19, 2025
Rudyard Griffiths and Sean Speer dive into the political storm surrounding the federal government's intervention in a Supreme Court case about the notwithstanding clause. They explore the historical implications of this move, suggesting it could unravel the constitutional balance established in 1982. The hosts also discuss the potential backlash from provinces like Quebec and Alberta, hinting at a possible national unity crisis. Finally, they critique Carney's political strategies and the implications of a delayed federal budget amid growing fiscal concerns.
AI Snips
Chapters
Transcript
Episode notes
Federal Intervention Targets Section 33
- The federal government intervened in a Supreme Court case to ask for limits on the notwithstanding clause, not to argue the underlying Bill 21 dispute.
- That move signals Ottawa wants the Court to rebalance power between legislatures and courts.
Normalization Of The Notwithstanding Clause
- Provincial use of the notwithstanding clause has become normalized and politically survivable for many governments.
- The federal submission seeks to roll back that comfort and reassert Charter primacy over provincial choices.
Court Asked To Reshape Constitutional Bargain
- Carney's government is asking the Supreme Court to effectively introduce new constraints on section 33, a step critics see as judicially rewriting the constitution.
- This risks strong pushback from provinces that view section 33 as part of the 1982 bargain.