Justin Trudeau has decided to open hostilities with Quebec by denying the charges against the notwithstanding the clause.
As we know, this clause represents the point of tension between the 1867 Constitution, which was based on parliamentary sovereignty, and the 1982 Constitution, which was based on the sovereignty of the judicially interpreted Charter of Rights.
This charter limits the power of elected officials in the name of an ever-broadening conception of “individual rights”. Indeed, it enshrines the primacy of judges over elected officials.
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Judge
Behind this is a strange understanding of democracy, based on the distrust of people who are always suspected of falling into populism and “tyranny of the majority”.
The clause is the final instrument to restore some power to elected officials.
But this clause has a special charge for us.
Indeed, through them, Quebec can, to a certain extent, defend the laws that allow it to ensure the protection of its identity.
And that’s what Ottawa is fighting for. In Canada, multicultural ideology is sacred. And Canada doesn’t allow Quebec to favor any other model.
François Legault presents Justin Trudeau’s position as a political attack on Quebec. With reason.
But he should go further.
Doesn’t he think it’s absurd to have to justify Quebec laws in federal courts when they are already drafted to prevent them from contradicting a constitution that Quebec still refuses to sign?
nationalism
Doesn’t he see that as the limit of his acceptance of the Canadian framework? Does he remember that he was already a Separatist?
Unless François Legault just gets upset to send a signal to the fringes of the nationalist electorate that is gradually returning to the PQ.
This assumption should also be taken seriously.