Law Change Limits Government's Power to Override Rights
Limits on overriding rights
This proposed law wants to change how the Canadian government can use a special power. This power is called the "notwithstanding clause." It lets governments ignore some court decisions that protect our rights and freedoms, like freedom of speech or religion. Right now, it's fairly easy for a government to use this power. The proposed law would make it harder to use the "notwithstanding clause." Before a government could use it, they would have to jump through more hoops. They would need to explain clearly why they want to use it. They would also need to get more agreement from different groups, maybe even other provinces. This matters because it affects your rights. If it's harder for the government to use the "notwithstanding clause," your rights are better protected. The courts would have more power to make sure the government respects your freedoms. It could prevent the government from easily ignoring court decisions that protect you.
Where this proposed law falls on the policy spectrums that Canadians care about
The bill strengthens the protection of rights and freedoms, aligning with proactive equity and inclusion measures.
By making it more difficult to invoke the notwithstanding clause, the bill promotes a more robust system of checks and balances, moving towards democratic reform.
This proposed law tries to make it harder for the Canadian government to use the "notwithstanding clause" to override Charter rights. It adds rules like requiring a Supreme Court ruling and a supermajority vote, but it only applies to the federal government, leaving provinces unaffected.
Things to Watch For
- This proposed law does not apply to provincial governments, who use the notwithstanding clause more often.
- It may be hard to get the required supermajority vote in practice.
- The Supreme Court needs to rule on a bill *before* it is passed, which could slow things down.
- The rules only apply to future laws, not existing ones.
- It is unclear if this proposed law would actually stop the government from overriding rights.
Click any step to learn what it means
Loading...
Click any step to learn what it means
Loading...
How likely this proposed law is to be approved
This proposed law deals with the Constitution, which is very difficult to change. Plus, it was proposed by a Senator, not the government, making it less likely to pass.
Sign in to join the discussion.
Loading comments...