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Features Australia

They love the sound of their own Voice

Activist judges will, yet again, be the winners

18 June 2022

9:00 AM

18 June 2022

9:00 AM

Back before 1982 when Canada brought in an entrenched Charter of Rights (without any referendum or even election on the issue, by the way), the naysayers were won over by the promise of what was called a ‘notwithstanding’ clause. This is Section 33. If the elected legislature thinks some decision by the unelected judges to invalidate a law is wrong, it can declare that the statute still operates ‘notwithstanding’ the judges’ views of how the Charter of Rights operates.

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