Is the Notwithstanding Clause really “a dagger pointed at the heart of our fundamental freedoms”? It depends on whether its use ousts the court’s jurisdiction to review a protected law.
While consensus across philosophical, ideological, and partisan lines on the merits of the NWC is unlikely, there is growing acceptance that its preemptive use should not go unchecked.
On the values expressed in Section 1 of the Charter, and why defending a free and democratic society means re-learning the principles that underpin it.
Publications
Two books, and an essay for the Trudeau Foundation.
Constitutional Democracy Under Stress: A Time for Heroic Citizenship
Edited by Peter L. Biro
The essays in this volume probe the sources of the malaise now confronting constitutional democracies everywhere — and offer grounded, practical responses to our present condition.
“A most timely and significant book. Canada has a distinguishable role to play in the protection of the liberal democratic order, and this book can help inspire that understanding and action.” — The Hon. Irwin Cotler, Founding Chair, Raoul Wallenberg Centre for Human Rights
The Notwithstanding Clause and the Canadian Charter: Rights, Reforms, and Controversies
Edited by Peter L. Biro
Examining and demystifying one of the most controversial, consequential, and misunderstood provisions in Canada’s constitution — asking who should have the last word on matters of rights and justice.
“The most comprehensive study of the Notwithstanding Clause — diverse voices examine a controversial clause of the Canadian Charter. A must-read for anyone interested in human rights, democracy, and the future of Canada.” — The Hon. Justice Nathalie Des Rosiers, Ontario Superior Court of Justice