1. The notwithstanding clause: A legislative weapon?
In using the notwithstanding clause, legislation may infringe on rights that are included in section 2, and sections 7 to 15- inclusive of fundamental freedoms, legal rights, and equality rights. ... It is the aim of the Charter of Rights and Freedoms to protect the rights of all Canadians equally, majority or minority. ... With the power of the notwithstanding clause, legislatures can, against the principles of the Charter of Rights, arbitrarily deny the rights of a minority in response to majority benefit or in response to political trifle. ... Judicial supremacy in Canada will force all ...
- Word Count: 3226
- Approx Pages: 13
- Has Bibliography
- Grade Level: Graduate