CCF: The Notwithstanding Clause

Over the last 5 years I have come to learn that Canada begins with me, a citizen. Maintaining democracy starts with being aware of our laws, bills and policies. The Canadian Constitution Foundation is a great place to get informed of up to date topics that are happening in real time. I don't listen to mainstream media to be informed, because I need to verify the facts myself. With that said, the next big issue coming up is the Notwithstanding Clause in our Charter of Rights and Freedoms which was signed in 1982.
Section 33 was deliberately entrenched as part of the constitution to preserve a space for democratic decision making along with judicial review.
Prime Minister Pierre Trudeau was not able to pass the Charter without section 33 (the notwithstanding clause) being added. All of the provinces signed the charter except for Quebec.
New available archival material from 1980-1982 shows that the notwithstanding clause was never intended to be an unlimited overriding power. The archival evidence supports the view that electoral accountability was meant to function as a key check on misuse. After Quebec refused to consent to the Constitution Act 1982, the province responded by inserting blanket notwithstanding declarations into virtually all its legislation between 1982-1985. This was a sweeping assertion of legislative soverinty. This has never been replicated anywhere in Canada. This section was originally included for emergency use.

The case involving Bill 21 from Quebec will show the practical operation of section 33. We will see if the door closes for judicial commentary about rights or whether some form of constitutional analysis remains open to the courts.

A zoom meeting for tomorrow at 12:00 noon is being held by the Canadian Constituational Foundation to discuss the understanding of the Notwithstanding Clause and the Supreme court case of Bill 21.

https://us06web.zoom.us/j/86779620232


To educate yourself, you can read

https://theccf.ca/wp-content/uploads/Section-33-on-Trial-by-Christine-Van-Geyn.pdf