The notwithstanding clause kind of made sense in the 1980s as a legal cutout for the uniqueness of Quebec, but it’s clearly become a “get out of jail free card” for violating the charter of rights. The problem is it assumes politicians have enough shame to not slam the NWS clause button every time their policies get challenged, but our politics has turned sharply towards shamelessness in the last couple decades.
The notwithstanding clause kind of made sense in the 1980s as a legal cutout for the uniqueness of Quebec, but it’s clearly become a “get out of jail free card” for violating the charter of rights. The problem is it assumes politicians have enough shame to not slam the NWS clause button every time their policies get challenged, but our politics has turned sharply towards shamelessness in the last couple decades.