Manitoba Bill 50 Aims to Restrict Use of Notwithstanding Clause

The Manitoba NDP is proposing new legislation aimed at limiting how future provincial governments can invoke the Charter of Rights and Freedoms’ notwithstanding clause, a move Premier Wab Kinew says is necessary to protect vulnerable groups.

Bill 50 Introduced: Constitutional Oversight

Premier Kinew introduced Bill 50, the Constitutional Questions Amendment Act, on Thursday. If passed, the law would require any Manitoba government seeking to use the notwithstanding clause to first explain its rationale to an appeal court judge. While judges could comment on the merit of using the clause, they would not have the authority to block the legislation.

Kinew described the additional judicial step as a safeguard against governments using the clause to target vulnerable minorities, including 2SLGBTQ+ communities and religious groups.

“The notwithstanding clause is being routinely used by politicians who are targeting vulnerable minorities, targeting the LGBTQ2S+ communities, targeting religious people,” Kinew said.

Background on the Notwithstanding Clause

Section 33 of the Charter, commonly known as the notwithstanding clause, allows governments to override certain legal and equality rights, as well as fundamental freedoms, for a temporary period. It cannot be used to override democratic rights.

Recent uses in other provinces include:

• Alberta: Amendments affecting transgender people (2025).

• Saskatchewan: School pronoun law (2023).

• Quebec: Bill 21, its secularism law, which prohibits public employees from wearing religious symbols.

Quebec invoked the clause to shield Bill 21 from court challenges for five years. Manitoba is one of five provinces seeking intervener status in a Supreme Court case challenging Bill 21.

Manitoba’s Legal Involvement

In September, Manitoba’s Attorney General filed a legal factum arguing that courts should be able to comment on other jurisdictions’ use of the notwithstanding clause and assess potential rights violations.

Similarly, a recent federal filing suggests constitutional limits should be placed on how the clause can temporarily suspend rights under the Charter.

Opposition Response

Progressive Conservative Leader Obby Khan criticized the move, arguing that the notwithstanding clause has never been applied in Manitoba. He accused Kinew of focusing on “hypotheticals” instead of immediate economic concerns facing residents.

“People don't know where they're going to buy food and pay their bills from, and we're talking about hypotheticals,” Khan said.

He also questioned the timing of the bill, noting there are only eight days left in the legislative session.

Premier Kinew emphasized that the Manitoba government will never use the notwithstanding clause, citing respect for human rights as outlined in the Charter.

“We’re bringing in this law today to ensure that no future government in Manitoba can use the notwithstanding clause without being straight up with you,” he said.