Friday, July 26, 2024

The Notwithstanding Clause: Use It – or Lose It?

In recent years, provincial governments have turned with increasing frequency to Section 33 of the Canadian Charter of Rights and Freedoms - otherwise known as the notwithstanding clause - to inoculate legislation from judicial invalidation. Should this trend be concerning, and does it represent a break from the historical norm? When, if ever, is it […]