Former Newfoundland premier Brian Peckford, Canada's last living framer of the Constitution, has accused the Liberal government of 'hijacking' the Charter of Rights and Freedoms. In a recent episode of the Full Comment podcast, Peckford defended the notwithstanding clause, Section 33, and criticized Ottawa's attempts to override its use.
Peckford's Role in the Constitution Act, 1982
Peckford was personally in the room with then-prime minister Pierre Trudeau when the provinces and the federal government agreed to the new Constitution Act and the Charter of Rights and Freedoms. He is the only surviving participant from those negotiations.
Defending the Notwithstanding Clause
In the podcast, Peckford explained the real basis for Section 33 and how it came into being. He argued that the story the federal government is telling about the clause's alleged misuse is false. Ottawa's attempts to override it are unconstitutional, and the Supreme Court has no authority to weigh in on its use, as the justices are now doing at the justice minister's request.
Peckford's comments come amid ongoing debates over the use of the notwithstanding clause by provincial governments. The clause allows provinces to override certain Charter rights for a period of five years. Critics argue it undermines fundamental rights, while supporters see it as a necessary tool for democratic decision-making.
The podcast episode, recorded on April 17, 2026, features a conversation between Peckford and Brian Lilley. Peckford emphasized that the notwithstanding clause was a crucial part of the constitutional compromise, designed to balance federal and provincial powers.
This interview sheds light on the original intent of the Constitution's framers and challenges contemporary interpretations of the Charter. As the debate continues, Peckford's unique perspective as a key architect of the Constitution provides valuable insight into the ongoing controversy.
