Geoffrey Sigalet: What’s at stake in the fight over the notwithstanding clause

Geoffrey Sigalet: What’s at stake in the fight over the notwithstanding clause

Constitutional law is often seen as the domain of courts and legal scholars, but one provision—the notwithstanding clause—has become a flashpoint in Canada’s ongoing debate over the balance of power between legislatures and the judiciary.

Once a political safety valve that sealed the deal for the Charter of Rights and Freedoms in 1982, section 33 is now at the center of a national conversation about who should have the final say on fundamental rights.

To unpack the history and stakes of this debate, Professor Geof Sigalet joins Peter Copeland to explain how the notwithstanding clause was born out of provincial insistence on preserving democratic self-government, and how its use has evolved in response to rising judicial activism and federal-provincial tensions.

Sigalet delves into the recent controversies surrounding Quebec’s Bill 21 and the federal government’s intervention, highlighting the clause’s role as both a shield for provincial autonomy and a lightning rod for national debate.

As courts and governments clash over the limits of the notwithstanding clause, the future of Canada’s constitutional balance hangs in the balance.

Denne episoden er hentet fra en åpen RSS-feed og er ikke publisert av Podme. Den kan derfor inneholde annonser.

Episoder(138)

Sylvain Charlebois: Canada's dairy industry in decline

Sylvain Charlebois: Canada's dairy industry in decline

Canada's dairy industry is one of the most protected sectors of the Canadian economy. But is that protection holding the industry back?While Canada's dairy sector has long benefited from policies desi...

21 Aug 52min

Lt.-Col. Joel Maley: Deterrence is cheaper than defence

Lt.-Col. Joel Maley: Deterrence is cheaper than defence

Latvia is home to Canada's largest overseas military deployment, with more than 2,000 members of the Canadian Armed Forces serving on NATO's eastern flank.Why are Canadians there? Why should Canadians...

14 Aug 50min

Rainer Knopff and Ted Morton: Canadian judges ran amok with the Charter

Rainer Knopff and Ted Morton: Canadian judges ran amok with the Charter

Special episode: Peter Copeland, acting director of domestic policy at MLI, sat down last month with eminent Canadian political scientists Rainer Knopff and Ted Morton. 25 years ago Morton and Knopff'...

6 Aug 1h 2min

Carl Trueman: Euthanasia, transgenderism, and transgression

Carl Trueman: Euthanasia, transgenderism, and transgression

By almost every material measure life has become safer, richer, and more convenient... so why do many people seem more anxious, lonely, and unhappy?We often explain this malaise in economic or psychol...

30 Jul 1h 4min

Garry Clement: Foreign actors see Canada as the lane of least resistance

Garry Clement: Foreign actors see Canada as the lane of least resistance

For years Canada seemed to be the more peaceful part of North America. But that narrative is changing.Recently a Toronto police officer was shot while investigating a series of shootings in the city, ...

23 Jul 51min

Rob Henderson: Stigma and expectations will make your life better

Rob Henderson: Stigma and expectations will make your life better

For young men, there used to be “a ton of societal pressure on you to make something of yourself.” That’s one of many positive culture norms that we’ve now lost, says author Rob Henderson.Today, “some...

16 Jul 1h 1min

Christine Van Geyn and Ryan Alford: Canadian courts imagine wild scenarios to avoid punishing criminals

Christine Van Geyn and Ryan Alford: Canadian courts imagine wild scenarios to avoid punishing criminals

Canada’s judges have become “completely divorced from reality” in the reasoning they use to bat down mandatory minimum sentences for serious crimes, says Christine Van Geyn, interim executive director...

9 Jul 49min

Joel Blit: The 3 stages of the AI revolution

Joel Blit: The 3 stages of the AI revolution

Some of the boldest predictions about Artificial Intelligence have forecast that white-collar workers are soon to become obsolete.This comes as rapidly advancing AI appears more and more in our day-to...

25 Jun 1h 5min

Populært innen Politikk og nyheter

giver-og-gjengen-vg
aftenpodden
forklart
popradet
aftenpodden-usa
stopp-verden
lydartikler-fra-aftenposten
det-store-bildet
nokon-ma-ga
fotballpodden-2
rss-gukild-johaug
hanna-de-heldige
dine-penger-pengeradet
rss-espen-lee-usensurert
rss-ness
aftenbla-bla
rss-penger-polser-og-politikk
frokostshowet-pa-p5
liverpoolno-pausepraten
unitedno