. For instance, former prime minister Stephen Harper’s Conservatives were asked about, but refused to use, the clause on a court decision involving assisted dying. While often debated, its use is much rarer. 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 2021, Ontario’s Progressive Conservative government used the notwithstanding clause to restore parts of the Election Finances Act that had been declared unconstitutional. It means third parties can only spend $600,000 in the 12 months before an election is called. Quebec proactively used the notwithstanding clause when it passed a major reform to its signature language law last year. Bill 96 reasserts the right of Quebecers to live and work in French and toughens sign laws and language requirements for businesses, governments and schools.
Quebec also pre-emptively used the clause in passing its religious symbols law. Bill 21 was adopted in June 2019 and prohibits public sector workers who are deemed to be in positions of authority, including teachers, police officers and judges, from wearing religious symbols such as hijabs and turbans on the job.
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