Wild West of the Notwithstanding Clause Has Arrived in Alberta

Wild West of the notwithstanding clause has arrived in Alberta

For most of its history, the notwithstanding clause has been a constitutional footnote — a dusty emergency lever in Section 33 of the Charter, meant for true crises. It was designed as a last resort, to be used sparingly, transparently and only when absolutely necessary.

Notwithstanding Clause is democracy’s last line of defence › Sunny South News

Alberta Premier Danielle Smith recently invoked Section 33 of the Charter of Rights and Freedoms to end a teachers’ strike and prevent endless litigation. The Alberta Teachers’ Association and the provincial NDP have called it tyranny. But a government using lawful authority is not tyranny. Section 33, known as the “Notwithstanding Clause,” is a constitutional safeguard. It allows legislatures to pass laws that override certain Charter rights fo…