The fight over the notwithstanding clause

A legal battle is underway over the notwithstanding clause, which allows governments to override “[certain] rights of Canadians” that are protected by the Charter of Rights and Freedoms. It’s a tool provincial governments have invoked often in recent years.

But the federal government is bringing the dispute to the Supreme Court, asking it to consider new limits on the clause. Divisions over that legal review are breaking out, with five conservative premiers calling on Ottawa to back off.

Globe columnist Andrew Coyne joins us to talk about the roots of this battle. He argues that there’s a deeper fight going on – that is not about the notwithstanding clause but rather, longstanding grievances with the Charter itself.

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