Attorney General Sean Fraser warned yesterday that use of the notwithstanding clause could lead to "our future downfall as a nation," urging Canadians to be "very, very careful" about governments eroding their rights.

“In Canada and around the world, democracies are increasingly under strain,” said Fraser. “Courts’ independence are being questioned.”

Section 33.1 of the Charter of Rights and Freedoms allows Parliament or a legislature to override certain rights for up to five years. Several provinces have used this clause.

Attorney General @SeanFraserMP says public must be "very, very careful" ruthless govt's don't steal their rights, ponders "future downfall as a nation."  https://t.co/5xwyavnLQ1 @JusticeCanadaEn pic.twitter.com/AM2PGwDOoS

— Blacklock's Reporter (@mindingottawa) October 9, 2025

On September 18, Fraser called on Canada’s top court to rule that repeated provincial use of the notwithstanding clause effectively “denies its very existence” by “indirectly amending the Constitution.”

He warned that the nation's downfall wouldn't come from an external despot, but from a future government empowered by the current erosion of rights, according to Blacklock’s.

Prime Minister Mark Carney claimed that upholding the Charter is a key government responsibility. This followed questioning by Bloc Québécois Leader Yves-François Blanchet on September 17.

“The decision will be made by the Supreme Court, not by the members of Parliament from Quebec or anywhere else in Canada,” Carney said at the time.

Pierre Poilievre slams Mark Carney’s claim that he’d use the notwithstanding clause to stop abortion — saying he’d use it to stop murderers from getting out of jail. pic.twitter.com/K9VUZshoNN

— Rebel News (@RebelNewsOnline) April 17, 2025

In an October 7 letter to Carney, five provinces opposed the Supreme Court appeal to limit the notwithstanding clause, arguing it undermines the constitutional bargain, federalism, and democracy. They urged Ottawa to withdraw its legal argument.

Premier Doug Ford, who posted the joint letter to social media, urged Ottawa to prioritize "fixing its broken bail system" over removing "the right of elected governments to make decisions for the people they represent."

Conservative Leader Pierre Poilievre earlier vowed to invoke the clause to facilitate much-needed bail reform, a proposition which Carney rejected.

Fraser responded on October 8, stating it would be "unimaginable" for the federal government to avoid a Charter rights case with lasting impacts, calling the premiers' argument "untenable." He emphasized it should be a legal, not political, matter.

Carney criticizes Poilievre's plan to use the notwithstanding clause to increase sentences for violent offenders, calling it a "slippery slope."

The Liberal leader then attacks the Conservative leader for not supporting gun bans. pic.twitter.com/EvjKmQn3zu

— Rebel News (@RebelNewsOnline) April 14, 2025

The federal government petitioned the Supreme Court of Canada regarding Quebec's secularism law (Bill 21), which bans public sector employees from wearing religious symbols on duty. Quebec may use the notwithstanding clause to override challenges to Bill 21 and a pending public prayer ban.

In 2023, Saskatchewan invoked the clause to pass Bill 137, An Act To Amend The Education Act Respecting Parental Rights, requiring parental consent for students to change their preferred names or gender identities.

Alberta may use the notwithstanding clause to protect three pro-women and parental consent laws currently in court.

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