What is the significance of notwithstanding clause

The clause in its current form came about as a tool to bring provinces onside with then-prime minister Pierre Trudeau's signature piece of legislation. With charter negotiations ramping up in the early s, Trudeau didn't see the need for the clause, but provinces such as Alberta and Saskatchewan wanted an out should they disagree with a decision of the courts.

In the end, Trudeau reluctantly agreed. The clause only applies to certain sections of the charter. For instance, it can't be used against provisions that protect the democratic process -- that would create a pathway to dictatorship.

The clause also can't be used for more than five years at a time. This ensures that the public has the chance to challenge a government's decision to use the clause in a general election before it can be renewed. The notwithstanding clause usually comes up whenever there is a controversial court ruling.

For instance, former prime minister Stephen Harper's Conservatives were asked about, but refused to use, the clause on a court decision involving assisted dying. While often debated, its use is much rarer. Quebec, as the only provincial government to oppose the charter, passed legislation in that invoked the clause in every new law, but that stopped in Here is a link on how to do it. You are welcome to republish this Policy Options article online and in print periodicals.

We ask that you follow these guidelines. Please attribute the author s and mention that the article was originally published by Policy Options magazine.

Editing the piece is not permitted, but you may publish excerpts. Originally published on Policy Options January 20, Republish this article. Law Politics. He earned his PhD at Princeton University in Read more: Doug Ford uses the notwithstanding clause for political benefit. The judicial process is also an avenue for minorities whose voices may be ignored by governments. This camp is opposed to the courts undermining the political will of a democratic majority.

The second camp fundamentally distrusts democratic politics. By paying greater attention to the originally intended application of the clause along with the diversity of lawmakers in Canada, we propose a fresh alternative. The Supreme Court ruled that Sec. Or it can simply make a blanket statement that the law operates notwithstanding all the rights referenced in Sec. That was in line with the original intention of the clause. Both need to be taken into account.