Love the idea or hate it, experts say federal use of notwithstanding clause would be a bombshell

Conservative Leader Pierre Poilievre's suggestion this week that he would use the notwithstanding clause to push through criminal justice reforms would be a landmark moment in the history of the controversial mechanism, experts say.

In an interview on CBC Radio's The House airing Saturday, defence lawyer Lindsay Board said federal use of Section 33 of the Charter of Rights and Freedoms, known as the notwithstanding clause, would be historic.

Speaking this week to a conference of the Canadian Police Association, Poilievre hinted at using the notwithstanding clause to implement criminal justice reforms on parole eligibility, concurrent sentencing and bail.

Speaking to the Canadian Police Association, Conservative Leader Pierre Poilievre hinted he would use the notwithstanding clause to pass criminal laws if his party forms the next government.

Conservative Leader Pierre Poilievre, who on Monday said he would use 'whatever tools the Constitution allows' to pass criminal laws, faced questions Tuesday about his view of the courts and how often he would use the notwithstanding clause if he were prime minister.

Geoffrey Sigalet, director of the UBC Centre for Constitutional Law and Legal Studies, said the use of the clause does allow for democratic discussion of issues on which legislatures and courts disagree, which can be a positive thing.