Source Feed: The Globe and Mail
Author: David Ebner
Publication Date: September 17, 2025 - 16:07
Ottawa calls on Supreme Court to clarify the law around use of Charter’s notwithstanding clause
September 17, 2025
Ottawa is calling on the Supreme Court of Canada to clarify the law around governments’ use of the Charter’s notwithstanding clause, arguing that courts should have a somewhat bigger role in such cases than previously granted by legal precedent.
If the Supreme Court accepts Ottawa’s arguments, it will mark the first substantive limits on governments’ use of the notwithstanding clause to override the rights of Canadians since the Charter of Rights and Freedoms was enacted in 1982.
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