In the aftermath of the Supreme Court of Canada’s narrow decision last week to strike down the one-year minimum sentence for possession of child pornography, Alberta’s premier was among the voices calling on the federal government to invoke the notwithstanding clause.

And despite Ottawa’s apparent interest in limiting the use of the notwithstanding clause, this seems like the sort of situation where the federal government might actually consider using this power. Using the clause in response to a ruling such as this would make the exercise of this power much more palatable and, arguably, popular.

Smith called the high court’s decision “outrageous” and called on the feds to “immediately invoke the Constitution’s notwithstanding clause” to overturn it.

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