Moe joins other premiers in urging Carney to withdraw court submission on notwithstanding clause

Saskatchewan Premier Scott Moe adjusts his glasses as he speaks with media following a meeting with the prime minister on Parliament Hill in Ottawa, Tuesday, Sept. 16, 2025. THE CANADIAN PRESS/Adrian Wyld

Saskatchewan Premier Scott Moe is among five provincial leaders formally calling on the federal government to withdraw its recent call for limits on the notwithstanding clause.

The premiers of Ontario, Quebec, Alberta, Nova Scotia and Saskatchewan jointly penned a letter to Prime Minister Mark Carney on Tuesday, expressing the leaders’ “profound disappointment” in Ottawa’s arguments for the case and calling the effort a “complete disavowal of the constitutional bargain” that led to the formation of the Charter of Rights and Freedoms.

“The Attorney General of Canada’s submissions seek to advance never-before-seen limits on the ability of democratically elected legislatures to use the notwithstanding clause,” the letter read.

“Moreover, Canada’s factum proposes an unclear and unworkable legal standard with no basis in the text of the constitution.”

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The conflict surrounds a case currently before the Supreme Court of Canada.

Known as Bill 21, Quebec’s secularism law was passed in 2019 and bans religious symbols from being worn by public sector workers in positions of authority, such as teachers and judges.

Quebec’s government used the notwithstanding clause to protect the law from charter challenges. However, the Supreme Court has agreed to hear a legal challenge of Bill 21 brought by several groups that oppose the law, though a date for a hearing has not been set.

In its filing submitted last month, Ottawa argues the constitutional limits on the notwithstanding clause preclude using it to distort or wipe out the rights and freedoms guaranteed by the Charter.

The submission goes on to say the “temporary character” of the notwithstanding clause confirms that it cannot be used to cause “an irreparable impairment” of Charter rights.

The Attorneys General of Canada, Ontario, Manitoba, British Columbia, Alberta and Saskatchewan are involved in the case as intervenors.

The premiers’ letter argues that the federal government’s approach to the case threatens national unity, with the premiers promising to raise the matter to the full Council of the Federation.

“We jointly ask that the federal government reconsider its approach to the English Montreal School Board, et al v Attorney General of Quebec, et al appeal, and withdraw its written legal argument immediately.”

-With files from The Canadian Press