The Alberta government says the notwithstanding clause is an essential part of the Canadian constitution and the country’s top court should not undermine it.
The province’s attorney general filed its arguments this morning in a landmark Supreme Court of Canada case over Quebec’s secularism law, known as Bill 21.
Alberta says the notwithstanding clause was a “hard-fought and hard-won compromise” during constitutional negotiations, and preserves the provinces’ parliamentary sovereignty.
The province is supporting the Quebec government, which is defending its pre-emptive use of the notwithstanding clause when it passed the secularism law in 2019.
Bill 21 prohibits public sector workers in positions of authority, including teachers and judges, from wearing religious symbols on the job.
Prime Minister Mark Carney has said he opposes the pre-emptive use of the notwithstanding clause, which allows governments to override some Charter rights.