Wab Kinew’s Bill 50 in Manitoba would automatically refer any use of the notwithstanding clause (Section 33) to the Court of Appeal before it takes effect—adding a real check on governments tempted to override rights for convenience. Alberta’s UCP keeps brandishing Section 33 like a toy hammer. Guardrails like Bill 50 are exactly what we need more of, not less.

What Bill 50 Does (and Why It Matters)

On October 16, 2025, Manitoba Premier Wab Kinew announced plans to introduce Bill 50: The Constitutional Questions Amendment Act. The bill would require an automatic reference to the Manitoba Court of Appeal anytime a provincial law invokes Section 33 of the Charter (the “notwithstanding” clause). In plain terms: if a government wants to override Charter rights, it must face a rapid, independent legal check first.

That’s not red tape—it’s accountability. The Charter is supposed to be the common rulebook for every level of government. If it includes a tool that can be abused, then serious guardrails should be standard, not optional.

Alberta’s Cautionary Tale

What we’re seeing under Danielle Smith and the UCP is the opposite of restraint. Section 33 has been treated like a tool-of-convenience to wave around whenever rights look inconvenient. It’s not a goddamned toy hammer. Call it “sabre-rattling,” call it theatrics—the effect is the same: deflection, intimidation, and keeping Alberta stuck on an ideological spin-cycle.

We’re living through extraordinary times in Alberta. The UCP has managed to become a national punchline—no small feat with Doug Ford still in the mix. Even Quebec—no stranger to Section 33—looks at this routine and shakes its head. Meanwhile, the poor get poorer, the sick get sicker, and the vulnerable get both. It’s a mess.

And let’s name who’s being shoved to the front of the line for harm: Indigenous communities—already carrying the weight of historic and ongoing discrimination—see services cut, rights minimized, and consultation treated like a checkbox. LGBTQ2S+ Albertans—especially trans kids and their families—have been directly menaced with talk of the notwithstanding clause as a shortcut to override their rights. When a government treats people’s dignity like a legislative inconvenience, it isn’t “standing up for parents” or “protecting freedoms”—it’s punching down. That’s exactly why building guardrails matters, and why Bill 50’s approach should be the floor, not the ceiling.

The Teachers’ Strike (Quick Hit—Deeper Dive Coming!)

I’ll cover the teachers’ strike and education file in depth this week, but a few things are crystal clear:

• The government can pass a back-to-work law without invoking Section 33.

• If it overreaches, unions can (and likely will) challenge the law in court.

• Given this premier’s history of brandishing Section 33, many expect she’ll flirt with it precisely because a serious legal challenge would follow.

Bottom line: the clause isn’t required to legislate a return to work—but threatening it tells you everything about this government’s reflexes.

We’ve Been Here Before: Alberta, 2000

History isn’t on the UCP’s side. In 2000, the Progressive Conservative government under Ralph Klein passed Bill 202 (Marriage Amendment Act) with a Section 33 declaration attached. The problem? Marriage is federal jurisdiction. The law was declared ultra vires—a dead letter. That should be a flashing red warning: when you swing first and think later, you lose—in court and in public.

If Smith reaches for the clause now, expect another big swing and a miss.

Bill 50 Is a Blueprint—Use It

Bill 50 isn’t about partisan points. It’s a procedural seatbelt. If a government wants to override rights, it should have to justify that choice immediately and transparently before an appellate court. That’s how you earn public trust—not by waving the clause like a get-out-of-court-free card.

Guardrails like Bill 50:

• Protect minorities and vulnerable groups when politics gets ugly;

• Force governments to show their work;

• Make sure “notwithstanding” is exceptional, not routine.

Alberta doesn’t need more theatre. It needs guardrails. If Manitoba can do it, so can we. Build the seatbelts. Stop treating rights like obstacles. And for the love of all things democratic, let’s finally pull this province out of the spin-cycle. This UCP government needs a rinse.