The Decibel The fight over the notwithstanding clause
Oct 14, 2025
Andrew Coyne, a prominent columnist at The Globe and Mail and seasoned political commentator, dives deep into the controversial notwithstanding clause and its impact on Canadian rights. He explains its history and recent applications, including the contentious Bill 21 from Quebec. Coyne argues that the current legal battles reveal deeper grievances with the Charter itself, suggesting a struggle between judicial interpretation and conservative ideals. The discussion touches on concerns over the legitimacy of judicial processes and potential threats to Canadian unity.
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What The Notwithstanding Clause Does
- Section 33 (the notwithstanding clause) lets governments override Charter rights for five years with renewal required.
- Andrew Coyne explains it was designed as a temporary 'break glass' safety valve, not routine use.
Recent Uses And Controversial Examples
- Coyne lists recent uses: Quebec's Bill 21 and Bill 96, Saskatchewan's parental notification proposal, and more.
- He highlights these as discriminatory examples prompting public outcry.
Preemptive Use Normalizes Overrides
- Provinces increasingly invoke the clause preemptively alongside new laws to avoid judicial embarrassment.
- Coyne warns routine preemptive use risks normalizing overrides and gutting the Charter's protections.