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Opinion

Bruce Pardy: Notwithstanding the Charter, Neither Legislatures nor Courts Protect Individual Liberties in Canada

Bruce Pardy: Notwithstanding the Charter, Neither Legislatures nor Courts Protect Individual Liberties in Canada
The Supreme Court of Canada in Ottawa on Aug. 10, 2022. The Canadian Press/Adrian Wyld
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Commentary
In September, the federal government urged the Supreme Court of Canada to protect rights by limiting the use of the Charter’s “notwithstanding clause.” Two days later, it introduced Bill C-9, the “Combatting Hate Act,” which will infringe upon free speech. The bill does not invoke the notwithstanding clause. It does not need to. The Supreme Court has already done the dirty work by declaring, years ago, that prohibiting “hate speech” is constitutional.