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Fiendish Thingy

(19,023 posts)
4. To clarify for Non-Canadians:
Wed May 15, 2024, 07:41 PM
May 2024

The charter of rights and freedoms has a “Notwithstanding Clause” that allows the government to ignore court rulings that a particular law is unconstitutional, but only until the next election, so for a maximum of five years.

Provinces have occasionally used the notwithstanding clause, most often by Quebec, but the federal government has never used it.

https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Charter_of_Rights_and_Freedoms

https://www.constitutionalstudies.ca/2019/07/notwithstanding-clause-2/?print=print

https://policyoptions.irpp.org/magazines/august-2022/notwithstanding-clause-powers-separation/

https://www.cbc.ca/news/politics/notwithstanding-clause-explained-ford-1.6641293

https://www.thecanadianencyclopedia.ca/en/article/notwithstanding-clause-plain-language-summary

If America had a Notwithstanding Clause, Roe would still be the law of the land.

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