Okay I’m not Canadian so maybe I’m missing something, but I just looked it up and the NWC should not exist in an even remotely democratic society. If it’s possible to override your freedom, that freedom doesn’t exist. It’s impossible for such a power to exist and not be abused, if a non-abusive use of it can even exist.
As part of constitutional negotiations, the Notwithstanding Clause was added. In a sense, the Notwithstanding Clause was literally needed to help form Canada itself repatriate the Canadian constitution.
Invoking the Notwithstanding Clause, is time limited to 5 years. At which point, it was originally thought that it’s use was either going to be politically costly or accepted by society. Though, with winner-take-all electoral systems, the electorate can’t really hold politicians accountable anyway.
The Canadian Charter of Rights and Freedoms was enacted in 1982, so this has nothing to do with the formation of Canada, only this charter and the Constitution.
Before that we had the Bill of Rights (enacted in 1960) and before that we had no formal expression of human rights in Canada.
Forming Canada happened back in 1867.
It is true that the Notwithstanding Clause was negotiated and we likely wouldn’t have the charter without it, but it was very “late” in Canada’s history.
Okay I’m not Canadian so maybe I’m missing something, but I just looked it up and the NWC should not exist in an even remotely democratic society. If it’s possible to override your freedom, that freedom doesn’t exist. It’s impossible for such a power to exist and not be abused, if a non-abusive use of it can even exist.
form Canada itselfrepatriate the Canadian constitution.The Canadian Charter of Rights and Freedoms was enacted in 1982, so this has nothing to do with the formation of Canada, only this charter and the Constitution.
Before that we had the Bill of Rights (enacted in 1960) and before that we had no formal expression of human rights in Canada.
Forming Canada happened back in 1867.
It is true that the Notwithstanding Clause was negotiated and we likely wouldn’t have the charter without it, but it was very “late” in Canada’s history.
I think they were talking about repatriation.
The Charter and Repatriation happened in 1982.