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Icytrees@sh.itjust.works

Override or overreach? Canada’s notwithstanding clause (rabble.ca)

submitted 2 weeks ago by Icytrees@sh.itjust.works to c/indy_news_canada@sh.itjust.works

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The notwithstanding clause is section 33 of the Canadian Charter of Rights and Freedoms. It permits federal or provincial governments to temporarily enact legislation that overrides certain Charter protections, specifically those set out in section 2 and sections 7 to 15, for a renewable period of up to five years. When invoked, the clause shields the legislation from being struck down by the courts on Charter grounds, notwithstanding where it greatly infringes on fundamental freedoms.

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[–] TheJesusaurus@sh.itjust.works 2 points 2 weeks ago

As a reasonably informed Canadian who's been around and knows a thing or two. For international folks I'll try to summarize it.

The notwithstanding clause is weird as fuck. It's a statement in our bill of rights that's doesn't really exist within the British version of this system, nor does it's power really derri e from them. It's just a phrase In our laws that says, in essence, "all this law shit applies. Notwithstanding when then government really, really, REALLY! needs to do something.

So, the provincial and federal government can kind of just say, well notwithstanding XYZ bill, because of bullshit emergency we aren't doing that.

But it's also the nuclear option, if you do that it means you couldn't convince 50%+1 of you constituents it was the right thing to do and you do it anyway. It doesn't TYPICALLY end well.

But as with any inherently authoritarian power, it's been used for good on occasion so people will defend it