Advertisement AdvertisementAdvertisement AdvertisementThe case is the most substantive review of the notwithstanding clause by the top court since its inception as part of the Charter over four decades ago. To make their point, opponents of Bill 21 raised a cornucopia of hypothetical situations in which legislatures could wield the notwithstanding clause to shield discriminatory laws or run roughshod over a host of Charter rights. As part of its argument that the court should impose limits on the invocation of the notwithstanding clause, constitutional lawyer Guy J. Pratte lobbed a question at provinces arguing the opposite. “I don’t think we’ll resolve this case by resorting to extreme scenarios,” the chief justice chided in French. The SCC is also pondering the question of if a court can assess if a law invoking section 33 still breaches the Charter rights suspended by the notwithstanding clause.

Source: National Post March 26, 2026 21:09 UTC