Prime Minister Justin Trudeau said he spoke with Ontario teachers' unions on Friday morning as they participated in what the province calls an "illegal" strike and reiterated that he is "very concerned" about the use of the notwithstanding clause despite the imposition of a contract with workers. Trudeau also made these remarks while speaking in North York about his government's credits on the Goods and Services Tax for families, adding: "It is very serious to suspend people's fundamental rights and freedoms. The proactive use of the clause, however, is actually an attack on people's fundamental rights, and in this case, an attack on one of the most fundamental rights available - the right to collective bargaining. I believe there are many people, many parents like me, who have children in Ontario schools concerned about labor actions and strikes, but I can tell you, all parents should be concerned about the suspension of our fundamental rights and freedoms." He also added that the federal government is considering "all options" to protect this freedom. However, he did not go into details about what these options are.

This is not the first time Trudeau has spoken out against Bill 28, a law in Ontario passed on Thursday that uses the notwithstanding clause to override sections of the Charter of Rights and Freedoms to make workers' strikes illegal. Also, the bill legislates a four-year contract for the 55,000 members of the Canadian Union of Public Employees (CUPE), which includes custodians, administrative staff, and educational support workers. Earlier this week, Trudeau called Ontario Premier Doug Ford and told him that his use of the clause was "wrong and inappropriate."

The notwithstanding clause is part of Section 33 of the Charter of Rights and Freedoms and gives provincial governments the power to override certain parts of the Charter for five years.

Ford, for his part, has used this clause somewhat liberally, having first threatened its use in 2018 to reduce Toronto city council seats during the municipal elections and then actually invoked it to restore parts of the Election Finances Act in 2021. In the case of Bill 38, the Ford government argues the need to keep schools open and prevent disruptions for children.