Ontario Premier Doug Ford at the Queen's Park Legislature in Toronto on June 14, 2021. Chris Young/The Canadian Press.

Three cheers for the notwithstanding clause

Those hyperventilating about the more frequent use of the notwithstanding clause are directing their concern in the wrong direction. Legislatures are using the notwithstanding clause to fight back against overreaching courts. Better late than never.

Prime Minister Pierre Trudeau (C) accompanied by Allan MacEachen (R) Rene Levesque , (FR), Jean Chretien, (L), and Bill Davis, (FL) at the Constitutional conference Nov. 5,  1981. Ron Poling/CP Photo.

Canada and the Consitution

Pierre Trudeau enacted his rationalist Constitution just as the corrosive logic of liberalism was fracturing our society. Its legacy is a post-rational, post-liberal system where the most important issues are subject to the whims of judicial power.

The Supreme Court of Canada is pictured in Ottawa on Tuesday Sept. 6, 2022. Sean Kilpatrick/The Canadian Press.

Canada and the Constitution: A Constitution out of time

Pierre Trudeau’s constitutional reforms went right for the pre-Enlightenment heart, injecting the adrenaline of the American and French revolutions into our sleepy constitutional compromise. For the first time in a Westminster parliamentary system, the principles of government were written down and the abstract notion of universal rights was elevated above the sovereignty of parliament.