Closing a Charter loophole

So that’s the lesson for all those who oppose the notwithstanding clause. Maybe you can’t close that loophole in the court of law, but you can close it in the court of public opinion.

Ontario Doug Ford, pictured on Oct. 17, 2022, at Nokia in Kanata, Ont., recently buckled on his threat to use the notwithstanding clause to pre-emptively protect a law his government had enacted banning the province’s education workers from going on strike. Apparently, he miscalculated.The Hill Times photograph by Andrew Meade

Opinion

BY GERRY NICHOLLS

November 10, 2022

OAKVILLE, ONT.—Prime Minister Justin Trudeau once said of the notwithstanding clause (Sec. 33 of the Charter of Rights and Freedoms.) “It's basically a loophole that allows a majority to override fundamental rights of a minority." Of course, lots of people feel that way. After all, the notwith...

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