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.

Det här avsnittet är hämtat från ett öppet RSS-flöde och publiceras inte av Podme. Det kan innehålla reklam.

Avsnitt(134)

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 Juli 0s

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 Juli 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 Juli 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 Juni 1h 5min

Michael Bonner: Liberalism is in crisis

Michael Bonner: Liberalism is in crisis

Liberalism is clearly on the ropes. To many, the threats originate from what they consider the outside: populism, authoritarianism, misinformation, and polarization. But to others, the wounds appear s...

11 Juni 1h 18min

Christopher Dummitt: Canada must teach its national story

Christopher Dummitt: Canada must teach its national story

We are in a moment of heightened focus on Canadian national identity.Ever since Donald Trump threatened to annex Canada, many Canadians have responded with the assertion that Canadian identity is uniq...

4 Juni 44min

BONUS EPISODE: Rob Henderson in live conversation with Brian Lee Crowley

BONUS EPISODE: Rob Henderson in live conversation with Brian Lee Crowley

This week, we present a special bonus episode: a live conversation between author Rob Henderson, who famously coined the term luxury beliefs, and MLI Managing Director Brian Lee Crowley.The event was ...

28 Maj 1h 22min

Lorenzo Vidino: How the Muslim Brotherhood quietly threatens the West

Lorenzo Vidino: How the Muslim Brotherhood quietly threatens the West

The West offers the “ideal environment” for an organization like the Muslim Brotherhood to carry out its operations “because we are extremely tolerant,” says Lorenzo Vidino, an expert on the Islamist ...

21 Maj 40min

Populärt inom Politik & nyheter

svenska-fall
p3-krim
aftonbladet-daily
aftonbladet-krim
rss-krimstad
flashback-forever
rss-sanning-konsekvens
tv4-nyheterna-story
rss-krimreportrarna
motiv
rss-frandfors-horna
mannen-utan-spar
rss-vad-fan-hande
de-fyras-gang
rss-flodet
spar
politiken
rss-aftonbladet-krim
olyckan-inifran
grans