this post was submitted on 03 Oct 2023
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Saskatchewan's premier says he'll use the notwithstanding clause to override a court injunction that has paused the province's new pronoun policy for students. But a professor says the clause is meant to be used as a tool of last resort.

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[–] [email protected] -1 points 11 months ago* (last edited 11 months ago)

There really needs to be a consequence for using the notwithstanding clause or otherwise violating charter rights.

Why would the provinces sign on to that? The notwithstanding clause was a concession offered to the provinces in exchange for signing the constitution. If it were marred in all kinds of conditions, they would have simply walked away. Quebec walked away anyway. Imagine the nightmare we'd have if all other provinces did the same.