Analysis and Opinion
The notwithstanding clause has put our rights – and democracy – on the line. Peter’s article in The Globe and Mail
Is the Notwithstanding Clause really "a dagger pointed at the heart of our fundamental freedoms", as the late Senator Eugene Forsey warned? It depends on whether its use ousts the court's jurisdiction to undertake judicial review of a protected law, says Peter Biro. "It is one thing, after all, for a law to operate notwithstanding its inconsistency with a Charter provision. It is another thing altogether for such an operation to occur in darkness."
S. 33 of the Charter – The Notwithstanding Clause – Peter’s article in Democracy Paradox
Limiting the Notwithstanding Clause . . . While consensus across philosophical, ideological and partisan lines on the merits and demerits of the NWC is unlikely, there is an increasing acceptance of the idea that the preemptive use of the NWC should not preclude...
The Notwithstanding Clause has to Go!
Section 33 has no place in a liberal democracy. It ought to be repealed Peter's article for the National Post The notwithstanding clause is a dangerous and altogether unnecessary tool...