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.
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.
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.