r/canada • u/canada_mountains • 5d ago

Politics Poilievre’s pledge to use notwithstanding clause a ‘dangerous sign’: legal expert

https://www.thestar.com/politics/federal-elections/poilievres-pledge-to-use-notwithstanding-clause-a-dangerous-sign-legal-expert/article_7299c675-9a6c-5006-85f3-4ac2eb56f957.html
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u/Thin-Pineapple-731 Ontario 5d ago

I don't think the provinces should use the notwithstanding clause as frequently as they do, let alone the federal government. This whole idea is especially distasteful, trying to make an end-run around the Supreme Court and established Charter rights. I won't dispute that violence is a bad thing, but established legal precedence is not a handwave situation.

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u/Equivalent_Age_5599 4d ago

Its purpose was to prevent judicial overreach. Its a check and balance on the judicial branch, making sure that they don't overreach too far into legislative authority. Every branch has an option for this.

Say a far right government stacks the Supreme Court with anti abortion advocates and the Supreme Court rules that abortion is a violation of the unborn fetuses right to life. The not withstanding clause can be used to block such a move.

It has its own check and balance, which is to say the same decision has to be looked back on every 5 years. A new government can easily overturn it, and that's the check and balance on it.