In a series of tweets, François Legault described Justin Trudeau’s desire to restrict the use of the , regardless of provincial determination, as a frontal attack.
“It is up to the National Assembly to make the laws that govern us as a nation. Quebec will never accept such a weakening of its rights. Never!” the Prime Minister of Quebec tweeted on Saturday.
1/4 Justin Trudeau said in an interview that he wanted the Supreme Court to limit the power of the provinces and Quebec to use the exception clause.
— Francois Legault (@francoislegault) January 21, 2023
The Derogatory Clause or Derogatory Clause allows the federal, state or territorial government to temporarily suspend fundamental rights, bypassing the Charter of Rights and Freedoms.
Although its use is difficult and therefore rather rare, Ontario and Quebec have used it twice. The Prime Minister, in an exclusive interview with La Presse, said that the use of this clause had become almost commonplace and reiterated that he intended to take the issue to the Supreme Court.
“I remind you that no Quebec government has acceded to the 1982 Constitution that the nation of Quebec does not recognize. The PQ, Liberal Party and CAQ governments have all used the exception clause, particularly to protect the French language,” Legault added.
“The idea of having a charter of rights and freedoms is to protect us from the tyranny of the majority,” Trudeau previously told La Presse.