What is the notwithstanding clause? What to know about how provinces override the Charter

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What is the notwithstanding clause? What to know about how provinces override the Charter
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Ontario says it will invoke the notwithstanding clause in its bid to prevent some educational workers from striking. Here\u0027s how it works

A bill introduced Monday would impose contracts on approximately 55,000 education workers in the province — including librarians, custodians and early childhood educators — and ban them from going on strike. The Canadian Union of Public Employees, which represents the workers, has said it plans to fight the legislation. Here is a look at the rarely used clause.Sign up to receive the daily top stories from the National Post, a division of Postmedia Network Inc.

Quebec, as the only provincial government to oppose the charter, passed legislation in 1982 that invoked the clause in every new law, but that stopped in 1985. In 1986, Saskatchewan used the clause to protect back-to-work legislation and Quebec used it again in 1988 to protect residents and businesses using French-only signs. Alberta tried to use the clause in a 2000 bill limiting marriage to a man and a woman, but that failed because marriage was ruled a federal jurisdiction.

Ford had previously threatened to use the clause in 2018, when his government intended to slash Toronto city council seats during a municipal election. That attempt sparked outrage but the clause ultimately wasn’t invoked because of how a related court process unfolded.

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