The Notwithstanding Clause is Section 33 of the Canadian Constitution. Those who claim it’s ‘unconstitutional’ are simply dead wrong.
The radical leftists and the elites have gone crazy at Doug Ford using the Nothwithstanding Clause to ensure that the Better Local Government Act cutting Toronto City Council passes despite the ruling of a Liberal-appointed activist judge.
Some are even calling Ford ‘dictatorial’ and ‘anti-democratic,’ and are even saying that using the Notwithstanding Clause is ‘unconstitutional.’
Of course, that is absurd.
It’s absurd because the Notwithstanding Clause is part of our constitution, so using it is fundamentally constitutional.
In the video below, you can see a great explanation of how the Notwithstanding Clause (AKA Section 33 of the Constitution) works:
The Notwithstanding Clause explained: Why Section 33 of the Charter of Rights and Freedoms exists, and how it can be used to ensure the will of the people and elected legislature are respected. #onpoli #cdnpoli pic.twitter.com/MY1OVu9fU9
— Doug Ford (@fordnation) September 15, 2018
Spencer Fernando
Photo – Twitter
Your video will not play. Notwithstanding means “in spite of ” and Pierre Trudeau did not want section 33 of the Charter at all. The Constitution Act of 1982 includes the British North American Act of 1867 and the Charter of Rights and Freedoms, however does not include the Canadian Bill of Rights of 1960 by John Diefenbaker This is the preamble http://www.efc.ca/pages/law/canada/BillofRights.html Note it says the dignity and worth ( cestui que trust ) of the human person ( legal fiction aka strawman )
Yes, the Charter does not supercede nor overrule the BNA, which actually garantees ALL of our inherent rights and freedoms, up to and including our very self defence to protect us from those who would take our lives, and from tyranny from without and from within! The BNA is established from the Magna Carta, British Commom Law!
The socialist leftists, which all say they want fairness, equality and justice for everyone, have shown just how pretentious, arrogant and hypocritical they truly are, everytime the don’t get their way. In their virtue signalling they expose their hypocrisy by their inability to accept fact, rule of law and the will of the people. Then they double down on their hypocrisy by using tactics such as declaring any legal decision to be illegal, undemocratic and unconstitutional, along with demonizing and delegitimizing any person, group or freely elected leader, who may or does oppose what the socialists stand for. Socialists, especially… Read more »
No charter is worth the paper it is printed on unless the people most affected by it have a say in its execution on a day to day basis. That takes “the three G’s” which are gold, guns and gall. That is the true meaning of all government from authoritarian to democratic and even, I believe to libertarian. To paraphrase some famous person or other, “…once I seize the treasury of a nation, I care not who makes its laws”.