OTTAWA, June 14, 2004 (LifeSiteNews.com) – Prime Minister Paul Martin has been accused of hypocrisy over his rant against Conservative Leader Stephen Harper and his openness to the use of the notwithstanding clause. Last Monday June 7, Martin said of the clause: “I would not use the notwithstanding clause. And if what you’re prepared to do is use the notwithstanding clause, then what you’re saying essentially is minority rights can be subjected to the will of the majority. I’ve got to tell you that is not the kind of country I believe in, nor do I think it’s the kind of country that Canadians believe in.” However in December, while Martin was trying to assure religious groups concerned that the courts would not force churches to perform homosexual marriages, Martin vowed to use the notwithstanding clause to protect religious freedom. In a December 18 CBC radio interview Martin expressed a willingness to use the notwithstanding clause to protect churches. “I would look at it if it was a question of affirming a (religious) right,” he said. Phil Horgan, a lawyer and Vice President of the Catholic Civil Rights League, explained the significance of the notwithstanding clause. “Recent court decisions regarding same-sex marriage make it increasingly apparent that parliament would need to assert its own jurisdiction to preserve traditional marriage. Our constitutional matrix allows parliament the use of the notwithstanding clause to preserve parliament’s authority in the face of overreaching court decisions.”
Horgan told LifeSiteNews.com that he recalled that Martin supported the use of the clause last December. “It is hypocritical for him now to lash out against the vehicle which preserves parliament’s authority,” said Horgan. “Is he ruling out recourse to the notwithstanding clause forever?” See the CTV coverage of Martin’s statements against use of the notwithstanding clause: https://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1086628353364_82037553
See the Toronto Star coverage of Martin’s willingness to use the clause last December: https://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1071789010865&call_pageid=968332188774&col=968350116467