The Notwithstanding Clause and the Canadian Charter

The use of section 33 of the Canadian Charter of Rights and Freedoms, the "notwithstanding clause" (NWC), has been justified as a means of preserving Quebec’s culture and of promoting its identity as a nation. Yet Quebec’s pre-emptive and sweeping invocation of the NWC, like other provinces’ use of it, tests assumptions about the relationships between the judiciary, legislature, and public.

MISC presents a panel discussion amongst some leading experts and commentators who have contributed to a new and important volume, The Notwithstanding Clause and the Canadian Charter (McGill-Queen's University Press). Edited by Peter Biro, the collection examines the NWC from all angles, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires.

By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines the character and the vulnerabilities of liberal constitutionalism. The significance, effects, and legitimacy of the NWC have been debated within scholarship and among politicians and activists since the Charter's enactment in 1982. In The Notwithstanding Clause and the Canadian Charter, leading scholars, jurists, and policy experts consider the status quo and potential reforms to the application of this consequential device.

Featuring:

Peter Biro

Robert Leckey

Jonathan Montpetit

Marion Sandilands

Moderated by Jennifer Elrick

The lecture will be followed by a Q&A and reception. This event is co-organized by the McGill Institute for the Study of Canada and the Faculty of Law at McGill University. McGill-Queen’s University Press will also offer copies of the book for sale.

Host or Publisher McGill Institute for the Study of Canada