Front Burner Is the notwithstanding clause bad for democracy?
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Nov 21, 2025 Jared Wesley, a political science professor at the University of Alberta and an expert in Canadian constitutional politics, dives into the controversial notwithstanding clause. He explains its original intent as a safeguard against federal overreach and the recent surge in its invocation by politicians. The discussion reveals how this trend exposes tensions in Canadian democracy, especially given its use to bypass judicial checks on contentious laws. Jared also contrasts historical usage, like that of Quebec, with recent provincial examples, questioning the implications for minority rights.
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What The Notwithstanding Clause Does
- The notwithstanding clause lets legislatures override many Charter rights transparently and temporarily.
- It was designed to preserve local decision‑making against federally appointed judges.
What Rights It Can Override
- Section 33 can override almost every Charter right except democratic voting and official languages rules.
- Governments can renew its use every five years through their legislatures.
Quebec's Early Heavy Use
- Quebec aggressively applied the notwithstanding clause immediately after 1982, retroactively and preemptively to many laws.
- Their use responded to anger over being excluded from final constitutional negotiations in 1981.