1. The notwithstanding clause: A legislative weapon?
One must recall that section 33 allows parliament to maintain supremacy over the judicial branch of government, and in doing so gives opportunity for legislation to pass without process or justification. ... In the last hundred years, Canada's use of the judiciary branch of government for adjudication has created a means for the protection and sustenance of fundamental rights and freedoms. ... Similar discrimination occurred with the mid-20th century head tax imposed on Chinese immigrants, and most recently, the unjustified detainment of Islamic citizens and immigrants following the atta...
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- Grade Level: Graduate