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.

Avsnitt(120)

Using lived experience to fight human trafficking and abuse: Michelle Abel, Armando de Miranda, and Peter Copeland for Inside Policy Talks

Using lived experience to fight human trafficking and abuse: Michelle Abel, Armando de Miranda, and Peter Copeland for Inside Policy Talks

Every year, thousands of women and children in Canada and the United States are drawn into human trafficking, commercial sexual exploitation, and online abuses. These victims are often hidden in plain...

22 Jan 1h 25min

Daniel Hess: We need a pro-natal culture

Daniel Hess: We need a pro-natal culture

Reversing declining birthrates will require “a pro-natal culture stronger than you've ever had,” says researcher Daniel Hess.Across the world, births are falling – with many countries are now below re...

15 Jan 57min

Garett Jones: Yes, immigration DOES change host countries

Garett Jones: Yes, immigration DOES change host countries

Immigration has long been described as simply a net positive, and debated solely in economic terms – like jobs, wages, and GDP. But after decades of immigration from different parts of the world – wit...

8 Jan 47min

Daly & Mancini: Fixing Canada’s internal trade woes is a national economic imperative

Daly & Mancini: Fixing Canada’s internal trade woes is a national economic imperative

Canada’s economic future increasingly hinges on a deceptively simple question: how free is trade within Canada itself?For decades, economists and policymakers have warned that Canada’s internal market...

11 Dec 202545min

Paul Warchuk: Property rights are 'precarious' in Canada

Paul Warchuk: Property rights are 'precarious' in Canada

Across Canada, some of the most heated disputes – from housing restrictions to Indigenous land claims – turn on this question: how secure are Canadians’ property rights?The answer may surprise you. Ca...

4 Dec 202551min

John Gilmour: Commercial encryption is a challenge for signals intelligence

John Gilmour: Commercial encryption is a challenge for signals intelligence

Canada faces a growing array of national security threats—from foreign interference networks to money laundering operations and organized crime groups exploiting modern digital tools. Yet many of our ...

20 Nov 202521min

Hillel Neuer: The UN matters whether we like it or not

Hillel Neuer: The UN matters whether we like it or not

The UN Human Rights Council contains members like China, Cuba, and Qatar. Yet it remains a highly trusted institution across Western democracies. What should the public understand about the reality of...

13 Nov 202528min

Nathan Pinkoski: What’s behind faltering liberalism?

Nathan Pinkoski: What’s behind faltering liberalism?

Across the Western world, migration, identity, and belonging have moved from policy questions to existential ones. The political and moral assumptions that held our societies together for decades are ...

7 Nov 20251h 8min

Populärt inom Politik & nyheter

svenska-fall
aftonbladet-krim
p3-krim
rss-krimstad
spar
fordomspodden
flashback-forever
rss-sanning-konsekvens
aftonbladet-daily
rss-vad-fan-hande
motiv
rss-expressen-dok
rss-frandfors-horna
rss-krimreportrarna
dagens-eko
politiken
krimmagasinet
rss-flodet
rss-aftonbladet-krim
kungligt