The Big Story Explaining the controversy around the Notwithstanding Clause
5 snips
Apr 17, 2025 Constitutional law expert Eric Adams from the University of Alberta discusses the controversial Notwithstanding Clause of the Canadian Charter of Rights and Freedoms. He explains its historical context and why it sparks debate about legislative versus judicial authority. Adams dives into recent political proposals to use the clause for criminal justice reforms, such as reviving consecutive life sentences. He highlights the potential impact on individual rights and the importance of safeguards against governmental overreach in Canadian democracy.
AI Snips
Chapters
Transcript
Episode notes
Function of Notwithstanding Clause
- The notwithstanding clause allows Parliament or provincial legislatures to shield laws from being struck down even if they violate the Charter.
- This legal tool lets governments bypass constitutional rulings for a limited time despite court decisions.
Reason for Inclusion in Charter
- The notwithstanding clause was included to preserve parliamentary supremacy against judicial power.
- It allows elected legislatures to have the final say over laws despite potential court rulings against them.
Canada's Unique Constitutional Feature
- Canada's notwithstanding clause is unique among constitutional democracies.
- It reflects Canada's blend of UK parliamentary supremacy and US judicial review traditions.