The battle over the Notwithstanding Clause
In the latest episode of Not 'Sorry' on Juno News, host Alexander Brown, Director of the National Citizens Coalition, delves into Canada's escalating constitutional crisis, spotlighting the Notwithstanding Clause as a bulwark against an increasingly activist judiciary.Brown emphasizes that Section 33 isn't a loophole but a cornerstone of the Charter, designed to preserve parliamentary supremacy amid Liberal efforts to curb its use and seemingly further empower left-leaning judges.
Alberta's recent invocation of the clause under Premier Danielle Smith to end a disruptive teachers' strike underscores the clause's role in prioritizing public interest over prolonged union and special-interest demands.
And after a deeply troubling Supreme Court ruling on October 31, that struck down one-year mandatory minimum sentences for possessing or accessing child pornography in a 5-4 decision, concerns are mounting that judicial overreach is softening penalties for heinous crimes, based on hypothetical scenarios rather than prioritizing the needs of law and order, and the need to protect Canadians from violent and depraved offenders.
Premiers like Danielle Smith, Scott Moe, Doug Ford, and former Alberta Premier Jason Kenney have all urged Ottawa to deploy the Notwithstanding Clause to reinstate tough sentences. Conservative Leader Pierre Poilievre's fiery condemnation goes one step further, labeling the ruling "disgusting" and vowing to use the clause to overturn it if elected, ensuring predators face prison time.
Guest Josh Dehaas, counsel for the Canadian Constitution Foundation, unpacks the mess, warning of judicial supremacy eroding the rights of Canadians and potentially pitching Canada into a constitutional crisis from coast to coast. The pair dissect how these events signal a broader problem: unelected judges, either out-of-touch or deficient in principles, who continue to override elected officials, threatening Canada's foundational balance.
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