Pierre Poilievre, leader of the Conservative Party of Canada, spoke with reporters in Montreal on April 14. REUTERS
Conservative Leader Pierre Poilievre says he’ll bring back a law that lets judges give longer prison sentences to people found guilty of more than one murder. He also says he’ll use a special part of the Canadian Charter, called the “notwithstanding clause,” to make it happen—even if courts disagree.
This clause allows Parliament to pass a law even if it goes against some Charter rights. But it must be renewed every five years. No Canadian prime minister has ever used it. Some legal experts say using it this way is risky and could hurt Canada's legal traditions.
Poilievre spoke at an event in Montreal, saying he respects the courts but believes they’re not protecting Canadians properly. “I will use the Charter to protect the Charter,” he said. He also promised what he called “the biggest crime crackdown in Canadian history.”
Right now, people sentenced to life in prison can apply for parole after 25 years. But the parole board can still keep them in jail if they think it's needed. In 2011, the government introduced a law that allowed judges to stack parole ineligibility periods. That meant if someone killed two people, they could be barred from parole for 50 years.
In 2022, the Supreme Court overturned that law. They said it went against the Charter because it took away the chance for release, which they called a basic human right. The case that led to this ruling involved Alexandre Bissonnette. He killed six people at a mosque in Quebec City in 2017. The court ruled he should be allowed to apply for parole after 25 years, not 40 or more.
Many families of the victims were upset by this decision. They fear that killers could be freed too soon.
Poilievre said that if elected on April 28, he would bring back the 2011 law. He said it’s not about going against the Charter, but about protecting the rights of victims and making sure justice is done.
Some legal experts disagree. Ottawa lawyer Michael Spratt said Poilievre’s plan is dangerous. He warned that forcing such laws into place with the notwithstanding clause could weaken Canada’s democratic systems. He also said it misleads people about how the justice system works.
Poilievre has also promised other strict laws. He wants to give a minimum 10-year sentence to repeat violent criminals. He says people who traffic fentanyl, commit multiple human trafficking crimes, or smuggle more than 10 illegal guns should get life in prison. Similar plans were introduced in the past but were struck down by the courts.
When asked if he might use the clause again, Poilievre replied, “We will only use Section 33 to fight crime.”
But not everyone agrees with that approach. Emilie Coyle from the Canadian Association of Elizabeth Fry Societies said the clause should only be used in extreme cases. She said getting used to suspending rights is dangerous.
She also pointed out that very few people would be affected by stacking parole bans. Only about a dozen people have been sentenced to life without parole since the 2011 law was first passed.
Another political leader, Mark Carney, called Poilievre’s plan “very dangerous.” He said Poilievre has often voted against gun control and that real safety comes from being smart about crime—not just harsh.
