The notwithstanding clause is set to be another fissure between French and English Canada
Few Canadians likely even remember the time a sitting prime minister vowed to abolish the notwithstanding clause.
Still, her comments came after a lecture in which she had championed the role of the courts in protecting fundamental rights – and after she had given royal assent to the Civil Marriages Act, which legalized same-sex marriages, while standing in for then-governor general Adrienne Clarkson. Some supporters of the changes tabled by Prime Minister Benjamin Netanyahu’s right-wing coalition have pointed to Canada’s notwithstanding clause as the model for reforms, suggesting they provide legitimate protection against judicial activism.
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