Ottawa says laws that override Charter rights aren’t shielded from legal scrutiny

By Canadian Press on March 25, 2026.

OTTAWA — A lawyer for the federal government says judges have the legal right to issue non-binding judgments in cases where governments override rights protected by the Charter of Rights and Freedoms.

Guy J. Pratte, the lawyer for the attorney general of Canada, pleaded his case on the third day of hearings at the Supreme Court on the constitutionality of Quebec’s secularism law known as Bill 21.

Quebec pre-emptively used its powers to override the Charter when it adopted the law that bans some public sector workers from wearing religious symbols on the job.

The Supreme Court is also considering whether judges can issue opinions on laws that override the Charter even if they can’t strike down those laws.

Pratte says the override clause doesn’t eliminate Charter rights or fully shield laws from legal scrutiny, adding that judges should be able to issue opinions on whether legislation violates fundamental rights and freedoms.

On Tuesday, a lawyer for the Quebec government said non-binding declarations on laws that override the Charter are “useless” and an overreach by the court.

This report by The Canadian Press was first published March 25, 2026.

— By Erika Morris in Montreal

The Canadian Press