Former prime minister Jean Chrétien voiced deep concern Wednesday evening over the increasing use of the notwithstanding clause by Canadian provinces, arguing it’s a distortion of its original intent.
Chrétien, instrumental in negotiating the clause’s inclusion in the Charter of Rights and Freedoms in 1981, lamented that it’s now being invoked for issues he considers “marginal.” He envisioned it as a safeguard against judicial overreach, a tool for politicians to intervene when courts strayed too far, not a routine override mechanism.
He expressed worry about this trend, though he refrained from citing specific examples beyond recent uses in Alberta, Quebec, Ontario, and Saskatchewan. The clause, designed for exceptional circumstances, is losing its meaning, he fears.
Beyond domestic concerns, Chrétien shared anxieties about the global state of democracy, particularly in the United States. He pointed to the deployment of National Guard troops to quell protests as a “very bad sign,” especially on the anniversary of a contested presidential election.
While hesitant to offer unsolicited advice to current leaders, Chrétien affirmed his confidence in the present government’s approach to navigating challenges. He recalled a breakfast conversation with former U.S. President Bill Clinton, who was buoyed by recent Democratic electoral successes, including the election of a new mayor in New York City.
Chrétien interpreted these results as a hopeful indication that Americans are becoming more engaged with the issues facing their nation. He fondly remembered Clinton’s strong support for Canadian unity during the 1995 Quebec referendum.
The memory of that referendum brought to mind a terrifying night shortly after the vote. Chrétien’s wife, Aline, awoke to find a stranger inside their residence, 24 Sussex Drive. The man, later deemed not criminally responsible due to mental illness, had breached security.
Aline, displaying remarkable courage, locked the door and stood with her husband, armed with a statue, until police arrived. Chrétien unequivocally stated that his wife saved his life that night, a testament to their strong partnership.
He credited Aline with a pivotal decision that shaped Canada’s foreign policy: keeping the country out of the Iraq War in 2003. She persuaded him to seek a third term as prime minister, believing a different leader might have succumbed to U.S. pressure to join the coalition.
Looking at the current geopolitical landscape, Chrétien believes Canada has lost international standing. He described a “decline of the American empire” and stressed the importance of rebuilding relationships worldwide to secure Canada’s future.
His long experience in international affairs has led him to believe that a renewed focus on global connections is crucial for Canada to regain its influence and navigate an increasingly complex world.
