The two extremes of the notwithstanding clause

A growing regime of ‘rights without democracy’ has drained away much of the responsibility and authority of elected politicians and, with them, much of their legitimacy.

Conservative Leader Pierre Poilievre, left, proposes to use the notwithstanding clause to flex populist muscle and be ‘tough on crime,’ writes Ralph Heintzman. Prime Minister Justin Trudeau has said that would override ‘the fundamental rights and freedoms and protections of Canadians.’The Hill Times photographs by Andrew Meade

Opinion

BY RALPH HEINTZMAN

May 30, 2024

It is difficult these days to find a balanced view on the notwithstanding clause, Sec. 33 of the Constitution Act 1982.

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