The Notwithstanding Act: a proposal for reform

Whether the notwithstanding clause was necessary or wise was questionable from the beginning, but it was the price of reaching agreement on the Charter.

Prime Minister Justin Trudeau, pictured in the House of Commons foyer before Question Period on Nov. 29. The Government of Canada should introduce, and Parliament enact, the Notwithstanding Act, designed to end wanton abuses of the notwithstanding clause, write Amir Attaran and Gib van Ert.

Opinion

BY AMIR ATTARAN, GIB VAN ERT

November 30, 2022

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 Can...

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