But for a moment, the public conversation turned to the merits of the notwithstanding clause as a feature of Canada’s Constitution. Fast-forward to 2018, and the notwithstanding clause is the subject of conversation once again. Whatever its motivations, however, one thing is clear: the use of the notwithstanding clause is exceptional. Whatever one thinks of the use of the notwithstanding clause, few scholars would advocate for government-by-notwithstanding-clause. The Ford government should clearly explain its rationale for seeking to invoke the clause.

Source: thestar September 11, 2018 15:22 UTC