Inside Policy Talks

Geoffrey Sigalet: What’s at stake in the fight over the notwithstanding clause

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Constitutional law is often seen as the domain of courts and legal scholars, but one provision—the notwithstanding clause—has become a flashpoint in Canada’s ongoing debate over the balance of power between legislatures and the judiciary.

Once a political safety valve that sealed the deal for the Charter of Rights and Freedoms in 1982, section 33 is now at the center of a national conversation…