According to the Alberta Institute, it isn’t unconstitutional because:
the “notwithstanding clause” is Section 33 of The Canadian Charter of Rights and Freedoms, which itself makes up part of our Constitution.
It is a cornerstone of Canada’s constitutional framework, designed to protect the provinces and all Canadians from judicial overreach.
“Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.”
And provinces would not have signed the Constitution without that clause.
The particular of the constitution that says you don’t have to follow the constitution is certainly part of the constitution. I wouldn’t say it makes using it constitutional, bit it certainly makes it clear that you don’t intend to follow the constitution. I honestly can’t think of many valid reasons to use the notwithstanding clause that aren’t to address existential threats to our nation or its people, or to trample their constitutiinal rights. I don’t think kids having to stay home for a week fits the first category…
According to the Alberta Institute, it isn’t unconstitutional because:
And provinces would not have signed the Constitution without that clause.
The particular of the constitution that says you don’t have to follow the constitution is certainly part of the constitution. I wouldn’t say it makes using it constitutional, bit it certainly makes it clear that you don’t intend to follow the constitution. I honestly can’t think of many valid reasons to use the notwithstanding clause that aren’t to address existential threats to our nation or its people, or to trample their constitutiinal rights. I don’t think kids having to stay home for a week fits the first category…