The notwithstanding clause is both historically appropriate and democratically desirable. Excising it would make our Charter of Rights and Freedoms more American. Is that really where we want to go?
Left to right, Prime Minister Pierre Trudeau, Finance Minister Allan MacEachen and Québec Premier René Lévesque attend the constitutional conference in Ottawa on Nov. 5, 1981 — the morning after eight premiers hastily pieced together a constitutional accord.
THE CANADIAN PRESS/Ron Poling
The constitutional reform agreement reached in November 1981 has produced a bitterness in national relations that lingers to this day and imposes on Canada a cost that has weakened the nation.
University students wait to be vaccinated at Andres Bello University in Santiago, Chile, in June 2021.
(AP Photo/Esteban Felix)
The case for campus vaccine mandates is compelling, and this conclusion is bolstered by recommendations from medical doctors.
The Supreme Court of Canada’s recent decision has put a halt to any legal claims that there’s no difference between corporations and people.
THE CANADIAN PRESS/Adrian Wyld
Jennifer Quaid, L’Université d’Ottawa/University of Ottawa
The Supreme Court of Canada’s recent ruling against a company that claimed a fine against it constituted cruel and unusual punishment will quell fears of weakening corporate law.
The extreme intoxication defence is often successful when used, usually in cases involving male violence against women.
(Unsplash)
The active and uninhibited dissemination of knowledge is vital for the advancement of knowledge.
Australia is the only Western democracy without some form of charter of rights legislated by parliament or entrenched in the constitution.
Lukas Coch/AAP
We have a serious deficit in legal protection for human rights in Australia, rights that have been in regression for 20 years. We need a legislated charter setting out the rights we care about.
A team of Canadian therapists have filed an application with Health Canada seeking permission to provide psilocybin-assisted psychotherapy to patients with terminal cancer.
(Shutterstock)
Research shows therapeutic psilocybin to be a safe and effective antidote to end-of-life anxiety and depression. Does prohibition therefore violate our right to “life, liberty and security?”
Quebec premier-designate François Legault gestures as he addresses a meeting of his new caucus on Oct. 3, 2018.
THE CANADIAN PRESS/Paul Chiasson
Threats by two of Canada’s newest premiers to invoke the notwithstanding clause send a clear message to the federal Liberals: Ontario and Quebec do not play by the rules.
Ontario Premier Doug Ford’s threat to wield the notwithstanding clause reveals flaws in Canada’s Constitution in terms of how municipalities are completely unprotected.
THE CANADIAN PRESS/Nathan Denette
Ontario’s recent threat to use the notwithstanding clause to reduce the size of Toronto’s city council is a reminder that municipalities have little protection under the Constitution.
Ontario Premier Doug Ford speaks to reporters in Toronto on Sept. 10, 2018, after announcing he’ll invoke the notwithstanding clause in his battle to shrink Toronto city council. Is Ford taking on the “Court Party?”
THE CANADIAN PRESS/Christopher Katsarov.
Doug Ford’s wielding of the notwithstanding clause is part of a broader opposition to judicial activism that has developed among right-wing politicians and academics in the post-Charter era.
Ontario Premier Doug Ford speaks to reporters in Toronto on Sept. 10, 2018. He’s vowing to invoke the seldom used notwithstanding clause in his fight to slash the size of Toronto city council.
THE CANADIAN PRESS/Christopher Katsarov.
The notwithstanding clause in Canada’s Charter of Rights and Freedoms has seldom been used. But it’s not totally gathering dust, and now Ontario Premier Doug Ford is threatening to wield it.