O’Toole vow to never challenge provincial laws ‘dangerous’ for basic rights: expert

OTTAWA — Conservative Leader Erin O’Toole has vowed to “never challenge” provincial laws, a sweeping statement that carries potential implications in areas ranging from abortion access to secession rights, markinga sharp break from the Liberal tack as the federal election campaign enters its endgame.

Building on his pledge to stay out of provincial bailiwicks, O’Toole made the promise last week in the context of a question around a Quebec law banning religious symbols for certain state employees. He reiterated it in the past few days as he accused Liberal Leader Justin Trudeau of “picking fights” with premiers.

“I would never challenge a law passed by the National Assembly of Quebec, Queen’s Park or here in Toronto or by any provincial assembly,” O’Toole said last Friday.

“I have a very clear commitment to respect provincial jurisdiction and respect the decisions of the democratically elected provincial assemblies across this country,” he added Sunday.

Vancouver-based lawyer Michael Feder says the pledge never to go toe to toe with a premier amounts to a “truly remarkable” stance that could encroach on Canadians’ rights and allow legislatures to ride roughshod over federal turf, including the Canada Health Act or interprovincial trade and transport.

“One can imagine Quebec purporting to ban transportation of crude oil by rail, for example, or B.C.,” he said.

“It’s not unimaginable that Quebec under its current leadership might purport to pass legislation governing conditions for secession. And if those conditions were at odds with what the Supreme Court of Canada has previously said … that seems to me to be an extremely ripe subject for litigation.”

The question is far from hypothetical.

O’Toole has already promised to steer clear of a challenge to Quebec’s Bill 21, which bars some civil servants in positions of authority from wearing turbans, kippas, hijabs and other religious garb.

Trudeau said Sunday the federal government has not “ruled out” federal intervention in a court challenge to the legislation.

The Liberal leader also made a campaign pledge to adopt a more explicit legal obligation for provinces to provide access to abortion services. The statement earlier this month came as New Brunswick continues to prohibit funding for abortions outside of three approved hospitals in Moncton and Bathurst.

O’Toole, who constantly repeats his personal pro-choice stance on the campaign trail, has nonetheless said he would leave it up to the province to sort out provision and funding of abortion procedures.