What’s so evil about the Notwithstanding Clause?
Cameron Hall 1585 Yonge Street, TorontoThe Notwithstanding clause is perhaps the most obscure part of Canada’s constitutional history that everyone loves to hate. Ever since 1982 critics have attacked Section 33 as an unfortunate compromise that negates the Charter’s great promise of human rights. When the Quebec government invoked Section 33 to allow them to pass otherwise unconstitutional language laws, many in the rest of Canada were irate. Ever since, each time a government invokes or threatens to invoke the Notwithstanding Clause, the same criticisms re-emerge. In this talk historian Christopher Dummitt explains the origins of the clause, including how pivotal it was to ensuring repatriation, and places it within the long and vital history of responsible and parliamentary government in Canada.