Quebec Premier François Legault announced on Wednesday that his government is prepared to use the so-called “notwithstanding clause” to require doctors trained in that Canadian province to start their careers in the province’s healthcare system, aiming to tackle the ongoing shortage of medical professionals.
The notwithstanding clause, found in Section 33 of the Canadian Chater of Rights and Freedoms, allows federal or provincial governments to temporarily override certain Charter rights. Since its introduction, Quebec has used this clause more than any other province.
Health Minister Christian Dubé announced plans in a statement on X, formerly Twitter, to introduce legislation mandating doctors trained in Quebec universities to begin their careers in the province’s public health system. According to local media, Premier Legault further explained that medical graduates from Quebec universities may be required to reimburse the government for the cost of their education if they choose to leave the province before completing a specified period of service.
Quebec’s college of physicians has shared its support with the government’s plan, calling for an end to the expansion of privatized healthcare, describing access to healthcare as a “common good”. However speaking to local news outlets, constitutional lawyer and Université de Montréal instructor Frédéric Bérard criticized the plan stating that it would violate Canadians’ mobility rights.
This comes amid a broader trend of an increased use of the notwithstanding clause in recent years. A group of bilingual municipalities in Quebec sought a temporary suspension against provisions of a law mandating the use of the French language in all municipal proceedings in October, while proceeding with a larger challenge against Bill 96 which applied the notwithstanding clause to the entire bill rather than just one section. In March, Premier Legault emphasized the government’s plan to continue the use of the notwithstanding clause for Bill 21.