Скачать или смотреть Are provinces overusing the notwithstanding clause?

We've heard a lot about using the notwithstanding clause in the news over the last couple of years.

Whether its being considered trying to legislate striking workers back to their jobs or in the case of the government's pronoun policy. It's a way for the government to essentially get their way.

But is that the intended use of the clause?

When it was created in the early 80s, it was supposed to strike a balance. A compromise between those who wanted to entrench strong Charter rights with no exceptions and those who feared that absolute rights could hinder a government's ability to legislate on matters of public importance. It let legislatures temporarily override certain Charter rights to enact laws deemed necessary for pressing public policy or in exceptional circumstances, all while making sure its transparent to the public.

Its use expires every five years forcing a government to seek re-approval and face voters before it can be re-enacted.

But is the goverment seeking approval?

And are these extrodinairy actions necessary?

Are we overusing the clause?

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