Notwithstanding the Notwithstanding Clause

A Case for Constitutional Guardrails on Section 33 of the Charter of Rights and Freedoms

Authors

  • Natasha Bakht University of Ottawa
  • Lynda Collins University of Ottawa

DOI:

https://doi.org/10.21991/cf29479

Abstract

This paper argues that section 33 of the Charter of Rights and Freedoms — the (in)famous “notwithstanding clause” — is circumscribed by unwritten but binding constitutional principles including judicial independence; democracy; federalism; constitutionalism and the rule of law; and respect for minorities. We posit that the Canadian Constitution contains an irreducible minimum core of human rights that transcends the political compromise embodied in section 33.

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Published

2024-11-21