Very cool very proportional. /s
The Notwithstanding Clause was the worst possible thing they could have included in the Charter. There should be NO justifiable reason for any province to ever be able to suspend the Rights and Freedoms of Canadian citizens, unless those citizens are comitting a crime. Period. Full stop.
From what I remember, it was either that or no Charter.
But yeah, we’re going to have to open the constitution up at some point, or we’ll end up like the US.
I’ll piss on his grave one day.
That’s a waste if piss. Pave over it with a bike lane, instead.
Bike lanes need to be installed where people want to go.
Turn the grave into a peat bog to recover the carbon he’s released i to the atmosphere
Maybe just make a mini version, like a display model
What a gimp
All that, and they don’t actually bother explaining anything about the clause itself
Its a piece of the charter of rights and freedoms that allows the government to ignore the charter of rights and freedoms, despite the judicial system declaring a law unconstitutional.
Its required to be re-applied every 5 years.
Since it was created, it is worth noting, its been used a handful of times, and only ever by provincial governments. It has almost exclusively been used by the conservative party through those years.
Thanks. What’s the reason it even exists, do you know?
if i recall, it was a concession made by elder Trudeau to get provinces to sign off on the charter at all.
You recall correctly. The Alberta premier proposed it, and it’s something they included in the Alberta bill of rights earlier in the 70s.
Without the notwithstanding clause the Charter would restrict the provinces’ legislative freedom and give the federal justices greater powers than the provincial representatives, when one of the defining features of the Westminster system is that of parliamentary sovereignty or supremacy. In the British system, parliament has the right to make or unmake any law.
The current situation is like a compromise between having an enforceable written bill of rights and respecting the sovereignty of the provincial legislatures. Without the clause the provinces would never have agreed to the constitution.
Conservatives need to face consequences for spamming the notwithstanding clause.
He is so desperate to keep this culture war / distraction going.
ACAB ofc but wow do I hope the RCMP finds enough to lay charges over the Greenbelt scandal
Doug Ford should float… the fuck out of here!
I heard Pennywise is looking for people to float with.
Fuck Doug, and fuck the notwithstanding clause.
What a dipshit.
Does anyone know if the right to safety is subject to the nothwithstanding clause?
Yes. Courts ruled the government would be violating section 7, “Life, liberty and security of the person”. Section 33 is the notwithstanding clause which allows governments to ignore section 7, among many others.
Section 33, Notwithstanding clause:
Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
If you’re curious about which rights the government is allowed to ignore:
Section 2(a) – Freedom of religion
Section 2(b) – Freedom of expression
Section 2© – Freedom of peaceful assembly
Section 2(d) – Freedom of association
Section 7 – Life, liberty and security of the person
Section 8 – Search and seizure
Section 9 – Arbitrary detention
Section 10(a) – Right to be informed of reasons for detention or arrest
Section 10(b) – Right to counsel
Section 10© – Habeas corpus
Section 11(a) – Right to be informed without unreasonable delay of the specific offence charged
Section 11(b) – Trial within a reasonable time
Section 11© – Protection against testimonial compulsion
Section 11(d) – Presumption of innocence
Section 11(e) – Right not to be denied reasonable bail without just cause
Section 11(f) – Trial by jury
Section 11(g) – Retroactive offences
Section 11(h) – Protection against double jeopardy
Section 11(i) – Lesser punishment
Section 12 – Cruel and unusual treatment or punishment
Section 13 – Protection against self-incrimination
Section 14 – Right to an interpreter
Section 15 – Equality rightsSection seven is subject to it.
It’s mainly stuff related to elections that can’t be overruled since the remedy to misusing it is supposed to come at the ballot box.
Add to this the fact that convicted criminals can also vote so just charging all your opoments with a crime shouldn’t work.
Stupidity knows no bounds.
