@Alon @adamgurri
In Canada, constitutional law trumps statutory law, which trumps regulations. But the Canadian constitution has a provision (the #NotwithstandingClause) that the articles pertaining to individual rights can be overridden by statutory law *if* that provision is explicitly invoked. Also the override expires if it isn't renewed every five years.

Interestingly, different parts of the Canadian constitution have different rules for amendment.

@shadowpages @PBruce
Let me give an example: I oppose the recent Québec law forbidding religious head gear for public servants. Many other Quebeckers do as well, and there is a good chance that the law will be repealed once the CAQ loses power. But the root of popular opposition was in a sense that the law was unwise and unfair, not that it was terrible that the Supreme Court won't be making dress code decisions for Québec schools.

/fin

#NotwithstandingClause

@PBruce
No, the reason federal politicians are afraid to say something is that they all believe that seats in Québec could be in play, particularly if they irritate the #CAQ .

FWIW, I think the feds should use the #NotwithstandingClause
to over-ride the outrageous Bissonnette decision.

#CanPol #polqc

(I have elsewhere expressed my opinion about those uses of the #NotwithstandingClause .)

The Federal government should itself use the Notwithstanding Clause to reverse the #SupremeCourt 's ruling in the Bissonnette case: it is entirely just for mass murderers to have to wait longer for a chance at parole than someone who has only killed once. It is the Supreme Court's decision that has brought "the administration of justice into disrepute", not Parliament's amendments.

#CanPol #cdnpoli

(I have elsewhere expressed my opinion about those uses of the #NotwithstandingClause .)

The Federal government should itself use the Notwithstanding Clause to reverse the #SupremeCourt 's ruling in the Bissonnette case: it is entirely appropriate for mass murderers to have to wait longer for a chance at parole than someone who has only killed once. The Supreme Court's decision has brought "the administration of justice into disrepute" with its ruling.

#CanPol #cdnpoli

Bloc forcing vote on the pre-emptive use of the notwithstanding clause
https://nationalpost.com/news/politics/bloc-quebecois-notwithstanding-clause

The #NotwithstandingClause should be used pre-emptively only when a matter is time-sensitive. Certain recent laws in Québec should have given the courts their chance to rule, then applied the notwithstanding clause; but the recent Ontario back-to-work law required the notwithstanding clause from the start.

I note that Québec invoked the clause in all laws passed between 1982 and 1985.

#CanPol #polqc

"Unquestioned consensus" is always a bad thing. Good luck to the #RunnymedeSociety if they try to disrupt it in an intelligent fashion.

https://thehub.ca/2023-01-25/meet-the-anti-establishment-group-changing-the-conversation-in-the-canadian-legal-world/

/fin

#law #CanPol #NotwithstandingClause
#TheHub

@chrischambers
As for the #NotwithstandingClause , I posted an article about it yesterday. Québec has used it in worse ways than Ontario, but the feds have done nothing about the recent uses here, and are reluctant even to criticise the #CAQ for it.

OTOH, both the laïcité and the francisation laws have a certain degree of opposition within Québec, and perhaps it's strategically best to let the public discourse and the National Assembly deal with them.

#canpol #polqc

That's from #HowardAnglin , in the #NationalPost , regarding use of the #NotwithstandingClause .

https://nationalpost.com/opinion/howard-anglin-three-cheers-for-the-notwithstanding-clause

#canpol

@brittlelife The #NotwithstandingClause shouldn't be used lightly. On the other hand, I agree with the 20th Century Supreme Court that the Charter doesn't include a right to strike, not with the 21st Century Supreme Court.

#onpol #canpol

Hope Ford’s having a good weekend. The over 300k firefighters association of North America have a message for Dougie. #onpoli #39kisnotenough #NotwithstandingClause #CUPE

The law, explains #ColbyCosh , originally limited third-party spending six months before the election. The current govt extended to 12 months, but couldn't give a good reason why.

"Morgan concluded that it would be unfair to leave the longer period in place for the forthcoming Ontario election, which by statute must be held on or before June 2, 2022,"

The obvious course is to reinstate six months. Use of the #NotwithstandingClause is excessive.

https://nationalpost.com/opinion/colby-cosh-doug-fords-use-of-the-notwithstanding-clause-would-steamroll-free-speech

#onpol
#NationalPost