Canadian Charter of Rights and Freedoms

When Pierre Trudeau brought in the Canadian Charter of Rights and Freedoms in 1982, Premiers like Peter Lougheed agreed to it because they were promised that provinces could still make important decisions for their people. The notwithstanding clause was a key part of this agreement. It was included in the Charter so provinces could stop the courts from reversing their laws, making sure the voices of families and communities were protected.
Forty-three years later, the federal government is now trying to weaken that clause. If Ottawa succeeds, it will break the promise it made nearly four and a half decades ago and shift power away from the provinces and into the hands of unelected courts. That means more control in the hands of judges and politicians in Ottawa, and less in the hands of the people we elect here in Alberta.
This isn’t about politics, it’s about fairness. Families in Alberta expect government to respect their way of life and not impose rules through judges who are unelected, unaccountable, and often politically motivated. The notwithstanding clause is one of the few tools that guarantees these local voices are respected.
The federal government claims it’s protecting Charter rights by limiting the notwithstanding clause. But these rights are already protected. The clause doesn’t get rid of them, it simply allows provinces to act in urgent or important cases without waiting years for drawn-out court battles.
Taking away or weakening the notwithstanding clause would tilt the balance of power and make it harder for provinces to make their own decisions. It would allow Ottawa to rewrite history and ignore the agreement that built modern Canada, while silencing the will of local communities.
Alberta’s government will always stand firm against dangerous threats to our democracy. We won’t allow Ottawa to break the promise of 1982. We must ensure that democratic, political decision-making remains in the hands of elected governments, and not the hands of appointed judges.
When it comes to protecting Alberta families and our way of life, decisions should always rest with the people of this province – not Ottawa.To turn this commitment into action, Alberta’s government is taking concrete steps to defend our constitutional rights and provincial autonomy. Last week, Premier Danielle Smith issued mandate letters that direct ministers to take decisive action to increase Alberta’s sovereignty within a united Canada.
Alberta’s Minister of Public Safety and Emergency Services Mike Ellis, Minister of Justice Mickey Amery, Minister of Children and Family Services Searle Turton and the Ministry of Intergovernmental and International Relations have been tasked with pushing back on federal overreach and standing up for Alberta whenever and wherever laws or policies do not align with provincial priorities, or harm our people, economy or constitutional rights.
The new mandate letters focus on putting Albertans first, promoting our core industries, asserting our constitutional jurisdiction in key areas, and building a future where Alberta continues to lead Canada in growth and opportunity.
As always, please feel free to reach out to my office with your feedback and questions at Chestermere.Strathmore@assembly.ab.ca.