Cory Morgan: The Feds’ Challenge of the Notwithstanding Clause Threatens National Unity

The Supreme Court of Canada in Ottawa on Aug. 10, 2022. The Canadian Press/Adrian Wyld

Commentary

The notwithstanding clause (Section 33 of the Charter of Rights and Freedoms) was first used by Quebec just after the patriation of the Canadian Constitution in 1982. The province added a standard clause to all its existing pieces of legislation to declare they operated notwithstanding Charter rights.