A 4.2. magnitude earthquake in Montreal Monday morning was slight compared to Liberal leader Paul Martin’s announcement during the leaders’ debate that he would do away with the notwithstanding clause.

“A new Liberal government would strengthen the Charter of Rights by removing the federal government’s right to use the notwithstanding clause to override courts on charter issues,” he said.

Minutes after the announcement a press release appeared on his campaign website, saying, “I would like to ask (Conservative leader) Stephen Harper if he would join with me in supporting a constitutional amendment to remove the federal government’s ability to use the notwithstanding clause to overturn the Supreme Court of Canada and take away Charter rights.”

Harper declined during the debate.

Afterwards reporters pointed out to Martin that he once proposed churches could circumvent same-sex marriages using the notwithstanding clause.

“Because religious freedoms are enumerated in their position in the hierarchy of freedoms, they actually are stronger when the notwithstanding clause is taken away,” he said.

Martin was in a rush to leave the debate — as the closing credits rolled he was seen walking off screen while the others mingled — and for good reason. Standing second from the right, he was pounded on all sides, his hold on national support slipping like a CSL ship from Canadian waters.

A recent Decima poll put the Conservatives six points ahead of the Liberals. Today, an EKOS poll shows the spread to be wider and puts the Conservatives in a potential majority position.

The night started out badly for Martin and went quickly downhill from there. He was mired in a bitter exchange during the first half hour with Harper questioning Martin’s Canadian loyalties with his CSL ships flying under foreign flags.

Martin said he was proud that Canadian companies go abroad for business instead of foreign companies incorporating here, and suggested the accusations were mere campaign rhetoric. At one point, clearly exasperated, he said, “Let’s have an intelligent debate. Enough is enough.”

He got more however during a protracted national unity debate during the second section when he was baited by the Bloc’s Gilles Duceppe, who accused him of not accepting Quebeckers for their values and for their desire to be recognized as a nation.

“I’m from Quebec too,” said Martin. “Don’t tell me my values are different.”

NDP leader Jack Layton set himself apart by moving away from the fiscal imbalance debate and explained its implications to Canadians. Kids would leave Atlantic Canada for jobs out west, he said, while Saskatchewanians would suffer economically because resource revenues are not counted fairly.

Layton, speaking from the far right from the viewers’ point of view, stayed clear from much of the mud-slinging to propose to viewers the NDP’s value as a viable alternative to a Liberal or Conservative government.

“I ask you to join me in saying enough is enough to Liberal arrogance and scandals, and enough to the vote-buying promises of the Conservatives.”

Layton also took a swing at Harper, who claimed it was difficult during 12 years to affect change.

“Look what I was able to accomplish during my time there.”

Twice Layton saw Harper shy away from suggestions from moderator Steve Paikin that he work with the NDP. “An election is a difficult time to negotiate platforms,” Harper said.

Twice however Layton himself admitted he was loath to commit to alliances with any other party, saying he would not offer blanket support to any other political party.

Paikin, as first-time moderator, was widely praised on blogs across the political spectrum for staying on target and keeping the debate relatively clean.

The issues that were mostly ignored in this debate included affordable housing and the environment, which got relatively little mention compared to the Option Canada scandal and the recent flurry of tax cut promises.

Also largely left off the agenda were minority issues and aboriginal issues despite two deaths the night before at a jail in Kashechewan. Last year it was revealed that residents in that northern Ontario village were suffering from severely polluted drinking water and poor living conditions.

And while proportional representation was debated, none of the leaders explained how it could help diversify representation on the political landscape. Layton however was the biggest supporter, saying “This (first-past-the-post) system was invented before the telephone for heaven’s sake.”

Layton appeared statesmanlike and serious, often bringing a calming tone to the debate by gathering his thoughts and speaking slowly and directly to the camera. Harper also showed off his cheerier side, though he flashed one of his patently odd smiles when he said, “Make no mistake, this government will crack down on crime in this country.”

Duceppe was strong in promoting his party’s platform while Martin was the most animated, and clearly fighting to keep his head above water during the final 14 days of the campaign.

A televised French language debate airs tonight.