Professor Kerri Froc has written a thoughtful guest post for Double Aspect, in which she argues that s. 28 of the Charter is not merely an interpretive provision, but is rather a substantive and justiciable section in its own right. The implication if she is correct should not be understated. Section 28 states: Notwithstanding anything in this Charter, the rights ...
Read More »Home ⇾ Tag Archives: section 33
Tag Archives: section 33
Courts, Legislatures, and the Illusion of “Dialogue”
I. WHAT IS A CONSTITUTIONAL RIGHT? It has been said that Constitutions are a “mirror reflecting the national soul”[1]. While these comments were made before the Canadian Charter of Rights and Freedoms (Charter) came into effect, there is no reason to believe that the Charter, which focusses on a guaranteed set of civil liberties (Charter rights), should be any less ...
Read More »In Defence of the Notwithstanding Clause and Saskatchewan’s Decision to Use It
Summer is fast approaching and, in keeping with that season’s custom (though not yet a convention), I thought it best to engage Leonid Sirota in constitutional debate. Last year, we went a few rounds on section 7 of the Charter. This year, the hot topic is s.33 of the Charter, otherwise known as the “notwithstanding clause,” which states that Parliament or ...
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