The New Brunswick government is taking a pass on one of the biggest legal cases on Charter rights in Canada in years. The province quietly withdrew in August from a Supreme Court of Canada case that will examine how the Constitution’s notwithstanding clause can — or can’t — override guarantees of fundamental rights.
Attorney general says N.B. had no ‘distinct contribution’ on how governments use notwithstanding clause
Jacques Poitras · CBC News
· Posted: Oct 27, 2025 5:00 AM EDT | Last Updated: 1 hour ago
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Attorney-General Rob McKee says he has concluded that New Brunswick has nothing to offer the case that will examine how the Constitution’s notwithstanding clause can – or can’t – override guarantees of fundamental rights. (Victoria Walton/CBC)
The New Brunswick government is taking a pass on one of the biggest legal cases on Charter rights in Canada in years.
The province quietly withdrew in August from a Supreme Court of Canada case that will examine how the Constitution’s notwithstanding clause can — or can’t — override guarantees of fundamental rights.
The Liberals criticized the previous Progressive Conservative government on two different occasions when it used, or considered using, the clause.
But now that the party is in government, Attorney-General Rob McKee says he has concluded that New Brunswick has nothing to offer the case.
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