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Martin Demands That Harper Must Come Clean on Notwithstanding Clause Print E-mail
Written by LPC   
Friday, 16 December 2005
Prime Minister Paul Martin demanded Conservative Leader Stephen Harper come clean that he intends to use the notwithstanding clause to overturn the Charter right to same-sex marriage.

Mr. Harper said during tonight’s leader’s debate in Vancouver on the topic of abolishing same-sex marriage: “I will never use the notwithstanding clause on that issue.”

Prime Minister Martin asked that he be honest with the Canadian people regarding his intention to override a Charter right.
“We're talking about integrity. That means being honest. Either Mr. Harper is going to try to change the law of the country that protects the rights and freedoms of gays and lesbians or he's not going to,” said Prime Minister Martin.

“If he's going to use the notwithstanding clause, he should say so, and the people will at least know what his position is.”

The Prime Minister said Mr. Harper’s proposal would require the use of the notwithstanding clause because it is not possible to have a vote in the house that will overrule the Constitution and the courts without using the notwithstanding clause.

This is borne out by a January 25 open letter from more than 100 legal experts from across Canada to Mr. Harper regarding same-sex marriage legislation.

Mr. Martin called on Mr. Harper to be “honest.”

He made clear that the Liberal government does not believe that you can pick and choose which Charter rights you will protect and he affirmed that he will respect the Charter as a whole.
 
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