Hon. Kristopher Wells: Honourable senators, in his first statement in his new role, the Government Representative spoke powerfully about the need to ensure that the rights and freedoms enshrined in the Charter are not under attack. This, of course, includes the right to equality for all Canadians, including 2SLGBTQI+ people. Disturbing reports have indicated the Government of Alberta is preparing to pre-emptively use the “notwithstanding” clause to override these critical protections.
What actions will the federal government take to protect the integrity and purpose of the Charter of Rights and Freedoms and ensure that 2SLGBTQI+ Albertans are not stripped of their fundamental rights?
Hon. Pierre Moreau (Government Representative in the Senate): Thank you, senator, for raising this important issue. I want to be clear that the government will always stand up for the rights of all Canadians, including the 2SLGBTQI+ community. In fact, the Government of Canada has the responsibility to defend the Charter of Rights and Freedoms, which is an integral part of our Constitution, throughout Canada. The constitutional issues raised using the “notwithstanding” clause are before the Supreme Court of Canada, in other instances, and it would not be appropriate to comment further, but I’m sure that the Supreme Court of Canada will give an answer in the near future.
Senator K. Wells: Thank you. I remain deeply concerned by the Alberta government’s unprecedented attack on 2SLGBTQI+ rights. Our community is looking to this new federal government to continue to be an ally and a champion of human rights. The federal government’s recent filing at the Supreme Court is a strong first step in defending the Charter. But what additional and concrete steps — legal, political or otherwise — will the government take to support our minority communities, particularly if the Government of Alberta invokes the “notwithstanding” clause to override the Charter rights of 2SLGBTQI+ Albertans?
Senator Moreau: I repeat that the government will always stand up for the rights of the 2SLGBTQI+ community, as it will for all Canadians, and to defend the Charter of Rights and Freedoms. However, as this is before the courts — and it is the Supreme Court of Canada, which is the highest court in this country — and there will be a judgment rendered by the court concerning the “notwithstanding” clause, at this moment, it would be inappropriate for me to comment further.