Clause permits Parliament, provincial legislatures to override provisions of Charter deemed necessary to protect legislation considered essential.
Prime Minister Justin Trudeau has said he might ask the Supreme Court to consider whether the notwithstanding clause in the Charter of Rights and Freedoms is being abused.
Ontario threatened use of the clause to impose back-to-work legislation on school workers, though in the face of widespread opposition, the government backed down. Trudeau’s concern is that the notwithstanding clause was meant as a last resort. It was never intended as a loophole to avoid appropriate public scrutiny.
In the 40 years since the Charter was enacted, outside Quebec the clause has been passed into law only five times.
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