Annul provincial use of Notwithstanding Clause
Petitioners ask the Prime Minister to annul or repeal future provincial laws invoking the Notwithstanding Clause to restrict workers’ rights to strike and collectively bargain, and to affirm federal duty to uphold Charter rights.
Why we would sign this petition
- It would block provincial laws that use the Notwithstanding Clause to impose contracts or ban strikes, restoring workers’ collective-bargaining and Charter protections.
- A federal commitment would create a national backstop ensuring provinces cannot easily shield rights-restricting laws from judicial review.
- It reinforces labour rights and democratic checks by discouraging governments from bypassing courts when limiting fundamental freedoms.
Why we wouldn’t sign this petition
- The plan risks federal overreach into provincial jurisdiction over labour and education, provoking constitutional conflict.
- Provinces can lawfully invoke the Notwithstanding Clause; banning its use could remove a legitimate, though controversial, legislative tool.
- Annulment or repeal may be politically and legally hard to enforce; alternative measures like negotiations or targeted litigation may be more practical.
The summary and both sets of reasons are AI-generated from the petition and given equal weight. Claims are the petitioners’ own; consult the official record for the full text.
Official petition
Petition to the Prime Minister In October 2025, the Government of Alberta passed Bill 2, the Back-to-School Act and invoked Section 33 of the Canadian Charter of Rights and Freedoms (the Notwithstanding Clause) ordering over 51,000 teachers back to work, imposing a rejected collective agreement, and shielding that legislation from judicial review, overriding constitutionally protected freedoms of association, peaceful assembly, and expression; In November 2022, the Government of Ontario passed Bill 28, the Keeping Students in Class Act and invoked the Notwithstanding Clause to shield legislation that imposed a collective agreement on approximately 55,000 education workers and prohibited striking, overriding Charter-protected freedoms; Recent legislation enacted by the Governments of Alberta and Saskatchewan restrict the rights, dignity, and safety of transgender and gender-diverse people, particularly children and youth, including access to gender-affirming and medically appropriate care; and There is a noticeable pattern of provincial governments invoking the Notwithstanding Clause to shield legislation from judicial review, thereby preventing Charter challenges from being heard. We, the undersigned, residents of Canada concerned about the erasure of collective bargaining and human rights in Canada, call upon the Prime Minister to annul or repeal any future provincial legislation that restricts workers’ rights to strike and collectively bargain through the use of the Notwithstanding Clause, and to affirm the federal government’s responsibility to uphold Charter rights across Canada.
Government response
No government response is available yet.