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Topic: Notwithstanding Clause

Ads by Google Related Topics Von Bulow, Claus      Section Thirty-three of the Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia Under present interpretation of the "due process" clause of the 14th Amendment to the United States Constitution, most of the restrictions of the U.S. Bill of Rights also apply to the states; before the passage of the 14th Amendment, states could pass laws which abridged rights that the federal Congress was not allowed to pass. However, provinces may only use the notwithstanding clause on legislation they otherwise have the authority to enact, and the Supreme Court ruled in Re: Same-Sex Marriage that the definition of marriage is within the exclusive domain of the Canadian Parliament. The introduction of a "notwithstanding" clause to the United States Constitution would restore to the states the power to pass certain laws that would currently be declared unconstitutional. http://en.wikipedia.org/wiki/Notwithstanding_clause   (1328 words)      Constitutional Keywords – Notwithstanding Clause Others believe that the ‘notwithstanding clause’ should be viewed not as compromising the supremacy of the constitution, but as compromising the supremacy of the judiciary. The ‘notwithstanding clause’ makes it possible for the legislature to assert its own understanding of the constitutional values in the case of a disagreement between the courts and the legislature about the interpretation and application of these values. Scholars are in disagreement about the desirability of the ‘notwithstanding clause’. http://www.law.ualberta.ca/ccskeywords/notwithstanding.html   (704 words)      The Notwithstanding Clause of the Charter (BP194e) The fact is that the clause does provide a form of balancing mechanism between the legislators and the courts in the unlikely event of a decision of the courts that is clearly contrary to the public interest. Quebec resorted to the notwithstanding clause after the Supreme Court of Canada, in the Chaussure Brown’s and Devine cases on the language of commercial signs, ruled that an outright prohibition of the use of languages other than French was an unreasonable limitation on the freedom of expression guaranteed by the Charter. The notwithstanding clause should be kept, at least for the present. http://www.parl.gc.ca/information/library/prbpubs/bp194-e.htm   (4925 words)      Oregon Judicial Department - Publications The notwithstanding clause, she argues, should be regarded as unintentionally broad and should be limited judicially to effectuate the legislature's intentions evinced by the legislative history of ORS 36.425. A notwithstanding clause, by its nature, acts as an exception to the other laws to which it refers. Plaintiff's insistence that the legislative history of ORS 36.425 reveals that the notwithstanding clause in that statute is unintentionally broad is equally unavailing. http://www.publications.ojd.state.or.us/A96115.htm   (992 words)      New Poll has Conservatives leading with Libs down to 26.6% It's the notwithstanding clause that prevents the courts from overturning the law. The notwithstanding clause cannot be used in relation to the definition of marriage. [The notwithstanding clause] is a lousy provision of the constitution but it is there. http://www.unitednorthamerica.org/phpBB2/post-7444.html   (1546 words)      Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia The provinces of Saskatchewan and Alberta have also invoked the notwithstanding clause, to protect back-to-work legislation and an exclusively heterosexual definition of marriage, respectively. The so-called notwithstanding clause (section 33 of the Charter) authorizes governments to temporarily override certain individual rights for up to five years, subject to renewal. Trudeau thus was forced to include the notwithstanding clause to allow provinces to opt out of certain areas of the charter. http://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms   (1669 words)      File: Gaymarriage-amendment Legitimize the use of the notwithstanding clause by democratizing it. The Supreme Court itself—in the Vriend case, one of its earlier homosexual rights rulings—has declared that legislative use of the notwithstanding clause is part and parcel of what it calls the “Charter dialogue” between courts and legislatures. In sum, using the section 33 Notwithstanding power is a perfectly legitimate response to the courts’ usurpation of the legislative responsibility to make laws—in this case, the law of marriage. http://canadianjusticereviewcouncil.ca/Mortononthinking.htm   (945 words)      Real Women of Canada - Newsletters - THE NOTWITHSTANDING CLAUSE — WHY NOT? validity of Quebec's use of the notwithstanding clause, stating that even a blanket override of constitutional decisions, as occurred in 1982, was a valid exercise of legislative authority. Moreover, the Supreme Court concluded that it had no authority to question why Parliament invoked section 33 as "there is no warrant for importing into it substantive review of the legislative policy in exercising the override authority in a particular case." That is, a legislative override which pre-empts judicial review is a valid procedure. The federal government refuses to invoke the notwithstanding clause in this debacle. http://www.realwomenca.com/newsletter/1999_Nov_Dec/article_9.html   (1149 words)      Ex-premiers call for use of charter's 'safety valve' Governments must curb judges' power: Lougheed, Blakeney The notwithstanding clause allows Parliament and the provincial legislatures to set aside court judgments for up to five years, and was intended to put a brake on judicial activism. Nonetheless, both said politicians should not be afraid to invoke the clause when they feel it is warranted, even though most lawyers and opinion-makers have campaigned against its use. "I believe it would be a good idea if governments began to use the notwithstanding clause a little more frequently, because I think it is important to develop some creative tension between the legislatures and the courts when the courts are moving into areas which have been the traditional preserve of the legislatures. http://www.walnet.org/csis/news/ottawa_99/natpost-990301.html   (633 words)      Herbert MARX - Documents on the Controversy Surrounding the Language of Commercial Signs in Quebec (Bill 178) December ... There are two ‘notwithstanding’ clauses in Bill 178: one to suspend the freedom of expression provision in the Quebec Charter of Rights and one to suspend it in the Federal Charter of Rights. When I was a member of the Opposition, I was always opposed to the use of the notwithstanding clause; I made speeches in the National Assembly to oppose the clause, during the debate on Bill 111 for example. I was a commissioner for the Commission des droits de la personne du Québec for five years and I was opposed to the notwithstanding clause found in the Quebec Charter. http://www2.marianopolis.edu/quebechistory/docs/bill178/10-32.htm   (691 words)      Notwithstanding Clause is There for a Reason - Christianity.ca Consequently, it is arguable a precise purpose of the notwithstanding clause is to allow Parliament to take into account much broader considerations than just the legal ones to which courts are restricted. The … notwithstanding clause is another mechanism through which Parliament can fulfill its responsibility to factor in broader social concerns. The notwithstanding clause can be seen as performing the same function for Parliament. http://www.christianity.ca/news/social-issues/2005/02.005.html   (1566 words)      GAO: B-303268, State DepartmentAssistance for Lebanon, January 3, 2005 We recognize that a notwithstanding clause may not supersede all other laws, such as those laws that are not directly related to the object to which a statute seeks to address. The court, however, did not end its analysis by looking at TAPAA's notwithstanding clause; it looked at both acts and determined that, because TAPAA's strict liability scheme could not be reconciled with the liability scheme of the Limitation Act, Congress intended that TAPAA supersede the liability scheme of the Limitation Act. Instead, the courts were asked to address whether a notwithstanding clause superseded another statute. http://www.gao.gov/decisions/appro/303268.htm   (2649 words)      CBC News Indepth: Politics The notwithstanding clause allows the federal government or a provincial legislature to enact legislation to override several sections of the Charter that deal with fundamental freedoms, legal rights and equality rights. The notwithstanding clause (sometimes called the "override clause") is laid out in section 33 of the Charter. The Parti Québécois government in Quebec chose to object to the new Constitution's terms by including a notwithstanding clause in every piece of legislation it introduced from 1982 to 1985. http://www.cbc.ca/news/background/politics/notwithstanding.html   (712 words)      Social Studies 11 Online When included in a law, the notwithstanding clause must be reenacted every five years and it can only be included in individual pieces of legislation. The clause allows governments to override three categories of rights: fundamental rights, legal rights and equality rights. Section 33 of the Charter of Rights and Freedoms allows governments to pass laws that violate certain freedoms outlined in the Charter with the inclusion of a "notwithstanding clause" in the law. http://geocities.com/Athens/Agora/3006/GovLawPol/notwithstandingclause.html   (241 words)      The Globe and Mail: 'Notwithstanding' not needed on marriage The experts argue that, by failing to attach a clause pre-empting judicial scrutiny, the Conservative Party would be seeking to avoid accountability for a discriminatory law and to shift the political fallout for upholding or invalidating traditional marriage to the courts. But if that is true, then the notwithstanding clause should be invoked by Parliament only after the Supreme Court has ruled on the constitutionality of a law. Harper must attach a notwithstanding clause to any proposed amendment to the government's planned legislation opening marriage to same-sex couples. http://www.theglobeandmail.com/servlet/story/RTGAM.20050201.wbrudner01/BNStory/Front   (814 words)      Egale Canada > Equal Marriage for Same-Sex Couples: The Alliance Motion Since the courts have stated that excluding same-sex couples from civil marriage is an unconstitutional violation of their equality rights under the Charter, the only way to maintain the opposite-sex restriction on marriage is to invoke the notwithstanding clause. Voting against the proposed legislation does not invoke the notwithstanding clause, rather it leaves the law unchanged. Using the notwithstanding clause to override any Charter guarantee, means that Parliament will override the rights and freedoms of some Canadians, thereby depriving them of the Constitutional protection afforded to other Canadians. http://www.egale.ca/index.asp?lang=E&menu=53&item=282   (606 words)      wcr:01/24/2005 -- Cardinal Aloysius Ambrozic writes prime minister asking for a national debate on same-sex marriage The notwithstanding clause was inserted to recognize parliamentary supremacy and the need for democratic oversight for the courts. As you know, the so-called notwithstanding clause has a five-year lifespan. Some will argue that the use of the notwithstanding clause in the charter is wrong in principle. http://www.wcr.ab.ca/news/2005/0124/ambrozic012405.shtml   (820 words)      [No title] Martin vowed to use the notwithstanding clause if the Supreme Court obligates churches to perform same-sex marriages. Notwithstanding his reputation as a great civil libertarian, he had used a similar override provision in John Diefenbaker's Bill of Rights -- the predecessor to the Charter -- to suspend civil liberties during the 1970 October Crisis in Quebec. Because the clause has become a hot issue, I'm posting a couple of recent columns I've written on the subject. http://westernstandard.blogs.com/shotgun/2004/06/notwithstanding.html   (1505 words)      Family Institute of Connecticut In fact, some legal experts argue that this invocation is unnecessary, since the notwithstanding clause has already been invoked by Alberta for a 2000 amendment to the Alberta Marriage Act that defined marriage as a contract between a man and a woman. Provinces can only invoke the notwithstanding clause to protect provincial laws. Already, the hubbub over provincial invocations of the controversial and rarely used notwithstanding clause is substantial. http://www.ctfamily.org/editorial27.html   (1747 words)      Opinion Story: Judging the judges of Canada - October 24, 1999 The Constitution provides for Parliament, and for the provincial legislatures on matters within their jurisdiction, to use the so-called Notwithstanding clause to set aside, or to modify or to delay, the judgment of the courts. The clause exists to be used, because not using it leads to bad law. Use the Notwithstanding clause that is part of your own law. http://www.fact.on.ca/newpaper/ts991024.htm   (735 words)      [No title] The notwithstanding clause played no part in the long public debates that preceded the Charter's introduction; so far as any constraints upon its reach were envisaged, discussion focused on the "reasonable limits" interpretive clause. The Globe and Mail, for example, lauds the notwithstanding clause as "an honourable compromise," an integral part of the 1982 constitutional bargain. That is the contradictory message of the notwithstanding clause. http://andrewcoyne.com/columns/NationalPost/1999/19990205.html   (700 words)      Gay Orbit » Alberta to Invoke Notwithstanding Caluse™ The notwithstanding clause can only be used in cases of legislation that would ordinarily be under the jurisdiction of the Province. Alberta Justice Minister Ron Stevens has promised to shield the commissioners from human-rights complaints, even if it means invoking the notwithstanding clause of the Constitution, a rarely used measure that allows laws to override the Charter of Rights and Freedoms. For those unfamiliar with the “notwithstanding clause” in Canada& constitution, it’s basically a tool that a province can use to get out of having to recognize a right that it does not agree with. http://gayorbit.net/index.php?p=2536   (478 words)      Politics Watch - Canada's Political Portal He has promised to use the clause to revoke a Supreme Court decision allowing federal prisoners to vote. Harper has not said he would use the notwithstanding clause in the case of same-sex marriage, but he has not ruled it out either. The controversial clause is set out in section 33 of the Charter of Rights and allows Parliament and provincial legislatures to pass laws that override certain sections of the Charter. http://www.politicswatch.com/election2-june9-2004.htm   (998 words)      CJNews The clause will be used in order to preserve the historic privileges of Catholics and Protestants in the public school system. The clause can be in effect a maximum of five years and is due to expire this June. If the bill passes, the clause will be in effect for another five years. http://www.cjnews.com/pastissues/00/may25-00/front2.htm   (927 words)      Invisible Adjunct: Canada's "notwithstanding clause" The "notwithstanding clause" refers to section 33 of the Canadian Charter of Rights and Freedoms set forth in Part I of the Constitution Act of 1982. However, a perhaps equally troubling possibility is that of a small body of unelected judges imposing their will on a constituency that lacks any means of countering the power of the judiciary (an especially troubling possibilty, I would suggest, in the case of a court that is quite clearly divided into political/ideological factions). Second, while Yglesias's characterization of the "notwithstanding clause" is certainly a valid interpretation, it is by no means the only interpretation available. http://www.invisibleadjunct.com/archives/000036.html   (1054 words)      Tilting at Windmills - Annotated Notwithstanding Clause Stephen Harper's been coming under a lot of fire for leaving open the possibility of using the notwithstanding clause where same sex marriage is concerned and for wanting to override the Supreme Court. A law that uses the clause is very unlikely to remain in force for any length of time unless it has broad support from more than one party. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. http://www.la-mancha.net/archives/000332.html   (790 words)      North Western Winds: Harper in the House It does not follow from the fact that a law passed by Parliament differs from a regime envisaged by the Court in the absence of a statutory scheme, that Parliament's law is unconstitutional. The government has only proposed one meagre clause to protect religious freedom, a clause which states that religious officials will not be forced to solemnize marriages, but the Supreme Court of Canada has already ruled that this clause is ultra vires. On the other hand, it is happy to insert into its bill a clause which the Supreme Court has already ruled is unconstitutional and outside of federal jurisdiction. http://northwesternwinds.blogspot.com/2005/02/harper-in-house.html   (2372 words)      Obiter Dicta: June 2005 Thus, should a Tory government apply the notwithstanding clause, it would not be overturning the judgment of the Supreme Court, for that Court did not invalidate the common law definition. Perhaps the letter of the notwithstanding clause violates the spirit of the rest of the Charter. How could invoking the notwithstanding clause be tantamount to "overriding the rule of law", given that the clause itself is part of the law (indeed, it is part of the Charter)? http://orda.blogspot.com/2005_06_01_orda_archive.html   (1968 words)      Ezra Klein: Notwithstanding The Notwithstanding Clause has become a dead letter; as I detail here, it is rarely used by anyone but secessionist governments in Quebec, and the exceptions have never been major constitutional cases. This starts with the “exceptions and regulations” clause of Article III, which allows Congress to strip jurisdiction from the federal courts at its discretion. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. http://ezraklein.typepad.com/blog/2005/06/notwithstanding.html   (1368 words)      Renovating Marriage: The Requirements of Mutual Respect Consequently, it is arguable that the precise purpose of the “notwithstanding” clause is to ensure that broader considerations than those to which courts are restricted in making their decisions can be taken into account by Parliament in making its decision. Justice Minister Irwin Cotler has refused to consider using the “notwithstanding “clause in the same-sex marriage issue because, he says, “Rights are rights are rights” and we must not “cherry pick” rights. Might section 33 of the Charter (the “notwithstanding clause) perform the same function for Parliament as section 1 does for the courts, in that it allows Parliament to legislate that a law will operate notwithstanding a provision in the Charter? http://www.marriageinstitute.ca/pages/MARGO205.htm   (447 words)      Edited Hansard * 1320 * Number 172 (Official Version) Blakeney opposed the idea of a charter, but he agreed on the basis of the present notwithstanding clause. When he left office the new premier removed the notwithstanding clause from any consideration for any further Quebec bills, so that it remains what many scholars have called a constitutional aberration. Trudeau, when he was approached on this issue and asked why he inserted the notwithstanding clause, said “It was the price of getting the charter. http://www.parl.gc.ca/36/1/parlbus/chambus/house/debates/172_1999-02-02/han172_1320-e.htm   (644 words)      wcr:12/27/2004 -- Notwithstanding clause can save traditional marriage Harper told CCN Dec. 15 that the court had thrown marriage back to Parliament to decide by refusing to answer the fourth question in the marriage reference on whether the traditional definition of marriage is unconstitutional. Whether Parliament can save the traditional definition of marriage will depend on whether politicians are willing to invoke the notwithstanding clause, say lawyers who represented Christian groups in the marriage reference. "This means that the feds are right when they say that it would take the invocation of the notwithstanding clause in section 33 of the charter to avoid another bitter round of litigation ending up in the Supreme Court," Lauwers wrote in an email interview Dec. 16. http://www.wcr.ab.ca/news/2004/1227/marriage122704.shtml   (865 words)      National Post Online - news He said legislators should impose checks on the power of the court and be more willing to use the so-called "notwithstanding clause" that allows Parliament and the provincial Legislatures to override the Canadian Charter of Rights and Freedoms. Manfredi's proposed remedy -- accepting the legitimacy of the use of the notwithstanding clause -- may prove equally controversial. MONTREAL - The Supreme Court of Canada is "out of control" and should be reined in by legislators willing to override the court's more activist decisions, Christopher Manfredi, a McGill University political science professor, argued yesterday. http://www.fact.on.ca/newpaper/np99112g.htm   (489 words)      Canada's Same-Sex Marriage Upheld But the court refused to state categorically whether it agrees with lower courts that the traditional man-woman definition of marriage is unconstitutional. One of those alternatives is the use of the notwithstanding clause. However, Conservative Leader Stephen Harper argued that the court's refusal to state whether the traditional definition of marriage is unconstitutional was a “tremendous victory.” He said that means it is not necessary to use the notwithstanding clause if Parliament chooses to reaffirm the traditional definition of marriage. http://www.commondreams.org/headlines04/1210-10.htm   (1109 words)      Proud To Be Canadian .ca Forums: Time to rescue marriage The notwithstanding clause provision was originally brought forward as a private member's bill and supported by the government as a proactive measure to uphold the traditional definition of marriage in anticipation of any future court decisions to the contrary. The notwithstanding clause has gained an "anti-rights" reputation from CBC as well as partisan Liberals pushing same-sex marriage. Klein Tories who voted for it now protest the notwithstanding clause, already invoked in the Alberta Marriage Act, is now merely "symbolic." This is partially because if the House of Commons votes in favour of same-sex marriage, the notwithstanding clause will not stand. http://www.proudtobecanadian.ca/threads/showflat.php?Cat=&Number=5565   (1023 words)      No Constitutional Bauble - Christianity.ca The "notwithstanding clause" was created to be used. Harper hasn't commented on whether or not, even in a purely hypothetical case as it is now, he would invoke the notwithstanding clause. The notwithstanding clause was not included in the Charter as useless ornamentation. http://www.christianity.ca/news/commentary/2005/01.002.html   (689 words)      Gay News From 365Gay.com MP Randy White is shown telling a documentary filmmaker that a Conservative government would redefine the Charter of Rights and use the notwithstanding clause to overrule court rulings it doesn't agree with, such as same-sex marriage. Tory leader Stephen Harper has consistently denied the nothwithstanding clause would be used to override gay laws or court decisions, but now a tape has emerged showing the man Harper is expected to appoint Attorney General if his party wins Monday saying the Conservatives would use the clause to block gay marriage. But, Harper has left the door open to using the notwithstanding clause to set aside any Supreme Court of Canada judgment legalizing gay marriage. http://www.365gay.com/newscon04/06/062604cdnElect.htm   (817 words)      Untitled Document Under the terms of the Covenant, use of a notwithstanding clause is allowed only if a “public emergency. This would be tantamount to introducing the equivalent of a permanent notwithstanding clause that affirms the primacy of denominational rights and privileges over the right to equality. Such a provision would free it from the dilemma discussed earlier as to whether to maintain or abolish the notwithstanding clauses. http://www.meq.gouv.qc.ca/REFORME/religion/html-ang/abr-ang/text/chapt3-III.htm   (624 words)      CBC News: Amendment requires notwithstanding clause: Cotler The notwithstanding clause allows federal and provincial governments to override rights and freedoms guaranteed under the 1982 charter. Harper also said the government would not have to use the notwithstanding clause to amend the same-sex marriage bill. Harper's option without imposing the notwithstanding clause," Cotler said as he left a cabinet meeting in Ottawa. http://www.cbc.ca/story/canada/national/2005/02/17/same-sex-debate050217.html   (493 words)      Same sex marriage notwithstanding Had Parliament wished to keep the definition of marriage that has existed for thousands of years, the use of the notwithstanding clause to accomplish that does not seem to be unreasonable. The government could have introduced legislation that kept the traditional definition of marriage and used the "notwithstanding clause." Section 33 of the Charter of Rights allows Parliament and the provincial legislatures to pass laws that expressly state that they operate notwithstanding the Charter. Although such legislation must be reviewed after a period of five years, there is no limit on how many times the legislation can be extended. http://www.torontofreepress.com/2003/weinreb070703.htm   (728 words)      Daimnation!: Martin has his issue "And my refusal to use the notwithstanding clause, whether it be for a woman's right to choose, whether it be for gay marriage, or whether it be for other acquired rights, is a very clear indication of the depth of the gulf between Mr. I've made it clear that I do not agree with my party leader on the gay-marriage issue, but the Supreme Court of Canada has yet to rule on that issue. Martin would block the use of the clause. http://www.damianpenny.com/archived/002759.html   (535 words)      Catholic News Agency The notwithstanding clause is a provision in Canada’s Charter of Rights, which allows government to invalidate a decision made in court. Martin clarified that he would not use the notwithstanding clause on a law that would allow same-sex marriage but only on a law that would impact religious freedoms. Canadian Prime Minister Paul Martin pledged to protect the freedom of religious groups, and even use the notwithstanding clause if necessary, if a law on same-sex marriage in Canada would require religious groups to change their definition of marriage to include same-sex couples. http://www.catholicnewsagency.com/new.php?n=405   (429 words)      Alex's Weekly Column: March 2, 1999 Some have suggested that we use the "notwithstanding clause" to set aside the B.C. Supreme Court ruling. Having given this background I believe the clause is an abomination and as Canadians we should be ashamed of it being part of the constitution. We must never allow ourselves to use undemocratic tools like the "notwithstanding clause." What will be the next thing the government does not like about the judicial system that it would set aside. http://webhome.idirect.com/~nscb/columns/1999/99mar02.htm   (526 words)      MSN Encarta - Search Results - notwithstanding Supreme Court of Canada : The Notwithstanding Clause In certain situations, federal or provincial governments can circumvent the Court’s power to review the constitutional validity of legislation.... Contentment (quotations): Contentment: Notwithstanding the poverty of my… http://encarta.msn.com/notwithstanding.html   (109 words)      University of Toronto -- News@UofT -- Harper must invoke notwithstanding clause, experts say (Feb 7/05) The issue of same-sex marriage and whether the notwithstanding clause should be invoked has been the focus of a public lecture and debate among students and faculty at the law school for the past few weeks. A group of law professors is urging Opposition leader Stephen Harper to invoke the notwithstanding clause if he wants to preserve the traditional legal definition of marriage. The notwithstanding clause in the Charter of Rights and Freedoms gives Parliament the right to override certain sections of the charter, including equality rights. http://www.news.utoronto.ca/bin6/050207-949.asp   (669 words)      Memo to: Students in Constitutional Law (Busby) You should either invoke the use of the notwithstanding clause, and justify this decision to Canadians, or concede that same-sex marriage is now part of Canada's legal landscape. You also stated that it would not be legally necessary to use the Charter's notwithstanding clause to protect a statutory definition of marriage that excludes same sex couples. The fact that you want Parliament to enact clearly unconstitutional legislation and adopt the traditional definition of marriage without using the notwithstanding clause leads us to suspect that you are playing politics with the Supreme Court and the Charter. http://www.umanitoba.ca/law/newsite/Courses/Busby/Const/week4.html   (576 words)      Untitled Document Thus, in practical terms, governments invoking section 33 automatically win, without having to justify use of the notwithstanding clause, without having to justify the violation of a fundamental freedom. This paper will argue that these problems are worsened by Section 33 of the Canadian Charter of Rights and Freedoms which is entrenched under Schedule B of the Constitution Act, 1982. However, the preferred option, in the view of this paper, remains the outright elimination of the section 33 override clause. http://www.manor-house.biz/books/que33.htm   (2211 words)      andrewcoyne.com: Abortion, democracy and the law The notwithstanding clause should be invoked routinely, every time the looney toons on the Supreme Court issue another ukase from the left. Martin has also said he would use the notwithstanding clause in extremely rare cases where one charter right is deemed to be in conflict with another. The right of the Cabinet (the PMO in practice) to do this is like a notwithstanding clause over Parliament, checked in turn by Parliament's right to bring down the government. http://andrewcoyne.com/archives/003707.php   (3859 words)      Politics Watch - Canada's Political Portal Conservative MP Peter MacKay, who is in favour of civil unions but opposed to marriage, said he does not favour using the notwithstanding clause. "If that clause stands for anything, if it has any meaning at all, then in my mind, in the mind of millions of Canadians - many of them Liberal supporters - this ought to be the time to overrule the courts if in fact they say we must change the definition of marriage," said O'Brien. A day before the court makes its ruling, Justice Minister Irwin Cotler said the government expects the court will "uphold the appellate and lower court judgments" that have legalized gay marriage in six provinces. http://www.politicswatch.com/samesex-dec8-2004.htm   (595 words)      [No title] Then, in 1988, Québec will use the notwithstanding clause to protect its language law requiring French only signs, which the Supreme Court of Canada will rule violates the Charter. Saskatchewan will use the clause to protect a back-to-work law introduced during a labour dispute. It means that governments can't just pass laws that trample on human rights, but it also limits the power of democratically elected officials to carry out the popular will. http://www.chrc-ccdp.ca/en/browseSubjects/section33.asp   (433 words)

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