Opinion: In the U.S., defying the courts is a constitutional crisis. In Canada, it’s a simple matter of paperwork - The Globe and Mail

Comparative Analysis of Court Defiance

The article compares the United States' constitutional crisis stemming from the Trump administration's defiance of a Supreme Court ruling with Canada's approach using the notwithstanding clause.

Canada's Notwithstanding Clause

In Canada, the notwithstanding clause allows the government to override Supreme Court rulings. While it has been used by provincial governments, Pierre Poilievre intends to use it at the federal level to reinstate crime legislation deemed unconstitutional by the Supreme Court.

Poilievre's Proposal

Poilievre's plan targets multiple murderers, aiming for consecutive rather than concurrent life sentences. This, however, is viewed as a starting point to normalize the notwithstanding clause and weaken the Charter of Rights.

Concerns and Arguments

The article raises concerns about the implications of this approach:

• Even the worst criminals deserve some rights.
• The proposal may lack practical necessity, given the low murder rate.
• The move is not about justice or crime control but rather about normalizing the notwithstanding clause and weakening the Charter.