Pre-emptively using notwithstanding clause 'not the right thing to do:' Trudeau

Prime Minister Justin Trudeau says provinces should not be pre-emptively using the notwithstanding clause, because it means 'suspending fundamental rights and freedoms.'

Prime Minister Justin Trudeau says provinces should not be pre-emptively using the notwithstanding clause, because it means "suspending fundamental rights and freedoms."

Quebec Premier Francois Legault accused Trudeau over the weekend of attacking the province's "democracy and people" by suggesting he would limit the use of the notwithstanding clause.

"This desire expressed by Justin Trudeau is a frontal attack on our nation's ability to protect our collective rights," Legault said in French on social media.

The notwithstanding clause, which is Section 33 of the Canadian Charter of Rights and Freedoms, allows Parliament or provincial legislatures to override certain sections of the charter and invoking it ahead of time prevents courts from weighing in.

Legault was responding to comments Trudeau made during an interview with La Presse, when he said he is thinking about asking the Supreme Court to answer questions on its use.

On Monday, Trudeau said he did not think provinces should be "proactively" and "pre-emptively" using the notwithstanding clause.

"I've often said that I always deplore any attempt by provinces and territories to use the notwithstanding clause to suspend basic rights without going through the courts," he said at a news conference in Toronto.