The Inclusion of the Notwithstanding Clause in the...

The Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms The inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms was an invaluable contribution in the evolution of the liberal democratic state. Not an endpoint, to be sure, but a significant progression in the rights protection dynamic. Subsequent to its passage in 1982 it became the primary rights protecting mechanism, however, its raison d`etre was as a neccessary concession, the pivotal factor allowing the patriation of the constitution. Many legislators present at the constitutional conference in 1981 opposed in varying degrees the entrenchment of a bill of rights in the constitution. The premier of†¦show more content†¦The counter argument is simply that prior to 1982 these rights existed by mere statute, vulnerable to legislative majorities and the acquiescence of British parliament. At the very least the particular rights exempt from the scope of section 33 acquired increased protection. So it can be said that the Notwithstanding Clause fac ilitated the patriation of the constitution and thereby elevated the status of those rights not within s. 33 domain. The true value of this product of constitutional negotiation is to be seen in practice and in potential, not in patriation alone. There has been a dearth of charter cases utilizing s. 33. As a purely political act the Quebec government repealed and then reenacted all laws after having inserted the override section, thus insulating them from charter scrutiny. The Supreme Court upheld this omnibus application of s.33, and more important, interpreted a reference to the section or subsection of the charter instead of an explicit citation of the specific rights affected, as adequate. This expressly declare provision was seen as a catalyst for public debate, and the courts apparent disregard for that consideration was seen as hampering the effectiveness of s.33. More relevant are the other two occasions when the override was utilized. In 1986 the government of GrantShow Mor eRelatedThe Charter Of Rights And Freedoms And Its Consequences1681 Words   |  7 Pages The Charter of Rights and Freedoms and its Consequences. Ryan Lai #54158134 POLI 101 Term Paper Professor Edana Beauvais August 12th/2015 Amongst the most important documents in Canadian politics, the Charter of Rights is always near the top. The establishment of this document was spearheaded by Pierre Trudeau, it is the embodiment of a society that Pierre Trudeau wanted in a document. 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