Quote:
Originally Posted by Dengler Avenue
If Ford’s already used the notwithstanding clause once, what’s preventing him from using it once again...?
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Not applicable. The notwithstanding clause allows a province's government to override parts of the Charter of Rights and Freedoms. The Canada Health Act does not use any of the Charter.
Technically, the federal government has no authority over health. How the Canada Health Act is enforced is through money; provinces have to abide by the requirements in the Canada Health Act in order to receive Canada Health Transfer payments from the federal government, which cover about 20% of the cost of running the health care system. So there's nothing legally stopping Ontario from violating the federal rules, but it would mean losing out on 20% of the system's funding.
(Incidentally, the notwithstanding clause also does not apply to any of the constitutional sections about federal vs. provincial authority. So the notwithstanding clause could not be used to get out of the federal government's carbon tax policy, for example).