Petition to End Notwithstanding Clause Use
Stop Weaponizing the Notwithstanding Clause: Protect the Fundamental Rights of Youth and Workers
Governments are enacting the notwithstanding clause to deny human and democratic rights – and it’s at the expense of youth, educators, and all workers.
It’s time to end the use of the notwithstanding clause to bypass Charter protections.
The Facts
What is the Notwithstanding Clause?
The notwithstanding clause is part of Section 33 of the Canadian Charter of Rights and Freedoms. It allows governments (federal, provincial, or territorial) to override specific Charter rights for a period of five years.
The use of the notwithstanding clause can be challenged before the courts, including the Supreme Court of Canada.
Rise in the Use of the Notwithstanding Clause in Canada
In the past five years, the notwithstanding clause has been used more frequently to deny human and democratic rights than at any other time in our lifetimes. Recently, Premiers in Alberta, Saskatchewan, Ontario, and Quebec have invoked the notwithstanding clause in the following legislation:
- Bill 2, “Back to School Act” in Alberta, 2025
- Bill 137, “Parents’ Bill of Rights” or “Pronoun Policy” in Saskatchewan, 2023
- Bill 28, “Keeping Students in Class Act” in Ontario, 2022
- Bill 307, “Protecting Elections and Defending Democracy Act” in Ontario, 2021
- Bill 96, “Limiting access to English language education” in Quebec, 2022
- Bill 21, “An Act respecting the laicity of the State” in Quebec, 2019
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.
It is being used as a tool of power, rather than as a last resort, to:
- Override constitutionally protected freedoms of association, peaceful assembly, and expression;
- Impose a rejected collective agreement; and
- 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.
Standing Together to Defend Fundamental Rights
Canada is a federation in which provinces and territories enjoy a certain degree of autonomy, but there are limits to what is acceptable; violating basic rights must not become permissible.
The Canadian Teachers’ Federation (CTF/FCE) Board of Directors passed a motion that the CTF/FCE lead the coordination of a House of Commons petition, calling upon the Federal Government to condemn and take action to restrict the usage of Section 33 of the Canadian Charter of Rights and Freedoms when used to deny workers their collective bargaining rights and to deny human rights.
Take Action
PETITION: End Notwithstanding Clause Use to Deny Human and Democratic Rights
In light of recent provincial legislation that has sought to erode the bargaining rights of workers and the human rights of gender-diverse Canadians, the CTF/FCE has launched a petition, in collaboration with NDP MP Leah Gazan, calling on 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.”
We encourage you to add your name to the petition and to share within your networks.
The petition closes on July 24, 2026.
Learn More
The CTF/FCE has been outspoken against the heavy‑handed use of the notwithstanding clause. Learn more about how the CTF/FCE has responded.
