Amir Attaran and Gib van Ert: The Notwithstanding Act: a proposal for reform cdnpoli (subs)
At its birth 40 years ago, Sec. 33 of the Constitution Act, 1982, known as the “notwithstanding clause,” was a solution in search of a problem.
It empowered Parliament and the provincial legislatures to override some of the most important protections of the newly adopted Canadian Charter of Rights and Freedoms. Whether the notwithstanding clause was necessary or wise was questionable from the beginning. Still, it was the price of reaching agreement on the Charter, which belatedly gave Canada constitutionally protected human rights guarantees.Enjoy unlimited website access and the digital newspaper.
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