Ottawa vs. the Provinces: A Supreme Court Showdown on the Notwithstanding Clause

9 months ago 109
 A Supreme Court Showdown on the Notwithstanding Clause

The Supreme Court of Canada in Ottawa on June 16, 2023. The Canadian Press/Adrian Wyld

Andrew Roman

10/20/2025|Updated: 10/20/2025

Commentary

Something big is happening in Canada’s Supreme Court, and most people haven’t noticed. Ottawa is attacking the provinces, especially Quebec, by starting a legal fight intended to reduce provincial powers to make laws. If the Supreme Court accepts Ottawa’s argument, it would tip the democratic balance, giving the courts more political power and leaving the provinces with less.

Andrew Roman

Andrew Roman is a retired litigation lawyer with over 40 years of experience in environmental, electricity, competition, and constitutional issues. He is the author of over 100 legal articles and a law book, and has testified as an expert witness before committees of the Canadian Senate and House of Commons.

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