Discussion 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

You’re absolutely right that democracy starts with the individual. Being informed about laws, policies, and constitutional tools like the notwithstanding clause is one of the most important responsibilities we have as citizens. Relying on your own research instead of passively accepting mainstream narratives is a strong approach, especially when dealing with complex legal issues. Resources like the Canadian Constitution Foundation can be valuable for helping people stay engaged and understand what is actually happening in real time.

Your point about section 33 is also well taken. It was never meant to be unlimited, but rather a carefully balanced part of the Canadian Charter of Rights and Freedoms that still depends on accountability from voters. The situation with Quebec Bill 21 court challenges will be an important test of how that balance works today. It really highlights why public awareness matters, because these decisions shape how rights are protected moving forward.

I agree 100%. Do your own research with creditable sources. It is important to be involved in the civic process at the local level.
"We need to step out of our comfort zone and challenge powerful entities that disenfranchise the public and reduce our citizen power. We need to get involved sooner than later. You can start by becoming aware of what is going on in your local government agencies - city and regional councils, school boards, county councils and planning organizations. Civic participation includes reading the city council agenda online, attending meetings and speaking during public comment. Lack of citizen involvement in the political process has led to many elected servants to believe they are elected to office to serve the special interests that got them elected not the will of the people." book - Citizen Ninja - Stand Up to Power by Mary Baker