Madam Speaker, as I rise in the House today, I want to convey just how important the Canadian Charter of Rights and Freedoms is to me and to my identity as a Quebecker and a Canadian. I will also explain why it must be protected.
Like so many women before me, my mother and my grandmother fought for equality before the law. To give a little background, my grandmother owned several newsstands in Montreal. She was an entrepreneur. She had employees. However, the law at the time prohibited her from having a bank account. It had to be in her husband's name. She also did not have the right to vote.
Considering what is happening south of the border these days, it is more important than ever to protect the rights and freedoms enshrined in our Constitution and in the charter. Legislatures must not be allowed to limit these rights without any oversight or without a court being able to examine exactly whether the limits are justified.
It was Simone de Beauvoir who said that it only takes a political, economic or religious crisis for women's rights to be called into question. She also said that we must remain vigilant throughout our lives. That is exactly what I am doing today. I rise in the House to defend the rights and freedoms that my grandmother and generations of women in Quebec gained at great cost. I rise to support our government and to prevent cracks from forming in the protection and guarantees afforded to us by the Canadian Charter of Rights and Freedoms. I am talking about women's rights, of course, but also the rights of minorities and workers, as my colleague previously mentioned.
I take the floor today to support the important role played by the Attorney General of Canada when he appears, through counsel, before the highest court in the country, the Supreme Court of Canada, to provide his legal viewpoint on constitutional questions, including the protection of our hard-won rights and the definition of the limits of section 33 of the charter, the notwithstanding clause, that we were just now discussing.
The constitutional limits set out in section 33 prevent the notwithstanding clause from being used to amend or abolish the rights and freedoms guaranteed by the charter. Indeed, unfettered use with no limitations of any kind would be the same as saying that our rights and freedoms can be reduced to nothing. The courts have the responsibility of ensuring that the use of a notwithstanding clause is limited, respected, and exceptional.
Our constitutional democracy is based on balance. I am going to keep coming back to this concept of balance. This essential balance lies at the heart of our democracy. Parliament and the provincial governments have broad latitude to enact laws in the public interest within their respective jurisdictions, but that latitude is not absolute, and in a way that is the matter under debate here. The principle of parliamentary sovereignty has always been framed within the Canadian constitution, which includes a charter of rights and freedoms. The notwithstanding clause cannot override the jurisdiction of a court to find that rights and freedoms have been unreasonably limited within the meaning of section 1 of the charter.
It is important to remember that our country is governed by the rule of law and that the Constitution is the supreme law of Canada. In our federal system, it is the Constitution that confers legislative powers on Parliament and the provincial governments.
As the Supreme Court has said, the Constitution binds all governments. Their sole claim to exercising legitimate authority is grounded in the powers conferred under the Constitution and cannot come from any another source.
In our system, federal, provincial and territorial governments strive to co-operate for the greater good of all the people they represent and their communities, whether provincial, territorial or local. Disputes may arise from time to time as to whether one level of government or another has overstepped the bounds of its constitutional authority. The courts are there to rule on these disputes according to legal principles. Our courts appreciate efforts to promote co-operation between the different levels of government, and of course, to preserve provincial autonomy, which is important to mention because it is a feature of our federal system.
As the Supreme Court has observed, the desire to protect provincial autonomy reflects both a commitment to accommodate diversity within a country by granting significant powers to provincial governments and a broader constitutional goal of maintaining a balance between unity and diversity. There is unity in diversity. I believe that this value is at the heart of our democracy and our country. It is also at the heart of the charter.
There is also a constant need for balance between other constitutional principles and values. Parliamentary sovereignty has to be balanced against the protection of minorities, as enshrined in the Canadian Charter of Rights and Freedoms. The Canadian Constitution has always reflected a commitment to respect minorities, as historically evidenced by provisions in the Constitution Act, 1867, and the Manitoba Act, 1870, relating to linguistic rights and denominational schools. When the Canadian Charter of Rights and Freedoms came into force, additional protections, including fundamental rights and freedoms, legal rights, the right to equality, and a broader range of language rights were entrenched in the Constitution.
The Attorney General of Canada played a key role both before and after the charter came into force to ensure these principles, such as parliamentary sovereignty, were balanced within the overall framework of the Constitution, including the protection of minority rights and fundamental protections in the charter. For instance, the Attorney General appeared before the Supreme Court in Attorney General of Quebec v. Blaikie et al. and the 1979 case Attorney General of Manitoba v. Forest on the subject of the constitutional right to use French and English in the statutes, legislatures and courts of Quebec and Manitoba. The Attorney General also intervened the matter of the Quebec Association of Protestant School Boards in 1984 and has done so in many other cases since then to assist the Supreme Court in interpreting the right to education in the minority language. This right is now enshrined in section 23 of the charter and in its application in several provinces.
As the chief justice of the Superior Court of Quebec, the late Jules Deschênes, noted when granting intervener status to the Attorney General of Canada in the Quebec Association of Protestant School Boards case in 1982, the Canadian Charter of Rights and Freedoms is a constitutional instrument that applies everywhere in the country, and the Attorney General of Canada naturally has an interest in ensuring the sound administration of the charter throughout the entire country.
The Constitution provides a stable and balanced legal framework for democratic governance and the protection of all of our fundamental rights and freedoms. Parliament and the provincial legislatures are sovereign in their respective areas of jurisdiction, as conferred on them by the Constitution and insofar as they do not contravene other provisions. Since 1982, the charter has formed an integral part of the Constitution and it guarantees the rights and freedoms set out therein, subject, of course, to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
It is true that, in the compromise reached with the provinces to finalize the patriation of the constitution in November 1981, the notwithstanding clause was added. It allows Parliament or a provincial legislature to enact, on an exceptional basis, legislation that applies notwithstanding certain rights. It was said that section 33, the notwithstanding clause, would preserve a modicum of parliamentary sovereignty in exceptional circumstances. However, the balance inherent in the constitutional framework would be disrupted if the exception were to become the rule, so that instead of upholding the central idea of the charter, which is a sort of solemn Magna Carta intended to constitutionally protect and guarantee the fundamental rights and freedoms of Canadians, the provincial legislatures systematically invoked the notwithstanding clause as a means of completely circumventing the charter and denying the courts any possibility of speaking to the matter. This would not respect the underlying structure of our Constitution and the primary objective of having a Canadian Charter of Rights and Freedoms enshrined in our Constitution. The notwithstanding clause, found at the end of the charter, would reduce the rights and freedoms guaranteed by the charter to nothing, to a mere legal fiction. 
The growing temptation to use the notwithstanding clause in an attempt to prevent judicial review of the legislative action in light of the charter's guarantees threatens our fundamental rights and values, and it threatens the balance between parliamentary sovereignty and other constitutional principles, such as the separation of the executive, legislative and judicial branches. The fundamental principle of the separation of powers gives us a strong and independent judicial branch and underscores the legitimate role of the courts in the interpretation and application of the provisions of the Constitution, including the charter. 
The House has a long tradition of abiding by the inherent constitutional convention of sub judice by refraining from debating legal matters that are before the courts. As the Supreme Court noted in Canada v. Vaid in 2005, “[i]t is a wise principle that the courts and Parliament strive to respect each other's role in the conduct of public affairs.” Parliament refrains from commenting on matters before the courts under the sub judice rule, and the courts refrain from interfering with the workings of Parliament or a provincial legislature.
In the case of the appeal launched by the English Montreal School Board and other parties, the factum of the Attorney General of Canada in his role as an intervener does not challenge the validity of the Act respecting the laicity of the State. In light of the increasing use of the notwithstanding clause, meaning section 33 of the Charter, the Attorney General invites the Supreme Court to clarify the constitutional limits of this power. This is very important for the rights and freedoms of all Quebeckers and all Canadians.
At its core, this argument is based on the principle that the Canadian Constitution strikes a delicate balance between legislative authority and our fundamental rights. Although Parliament and the provincial legislatures have broad discretionary power to pass legislation in their respective areas of jurisdiction, parliamentary sovereignty has always been subject to the Constitution, including since 1982 when the charter was enacted. This appeal provides an opportunity to reaffirm the balance that is at the heart of our democracy.
The Supreme Court of Canada is the general court of appeal for Canada, and as the highest judicial institution in the land, it will be well served by the Attorney General of Canada's intervention as it reviews the charter guarantees and the use of the notwithstanding clause. Canadians and Quebeckers expect nothing less.