If the courts found that approach to be unconstitutional, CAQ and PQ leaders François Legault and Jean-François Lisée have both said they would have no qualms about using the notwithstanding clause to forge ahead. Based on his previous statements, Couillard would not — should his party win power next month and the courts invalidate its veil law — be inclined to salvage it by using the notwithstanding clause. But the premier is also on record as saying that the notwithstanding clause exists for a purpose; that it is there to be used by governments. The notwithstanding clause is more widely seen as a legitimate tool in Quebec than anywhere else in Canada. It is too early to know whether Ford’s use of the notwithstanding clause will start a trend that will spread to other provincial capitals or, on the contrary, make reaching out for it more politically toxic everywhere.

Source: thestar September 12, 2018 19:14 UTC