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The fight over the notwithstanding clause

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Manage episode 513523031 series 2922784
Content provided by The Globe and Mail and The Globe. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Globe and Mail and The Globe or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

A legal battle is underway over the notwithstanding clause, which allows governments to override “[certain] rights of Canadians” that are protected by the Charter of Rights and Freedoms. It’s a tool provincial governments have invoked often in recent years.

But the federal government is bringing the dispute to the Supreme Court, asking it to consider new limits on the clause. Divisions over that legal review are breaking out, with five conservative premiers calling on Ottawa to back off.

Globe columnist Andrew Coyne joins us to talk about the roots of this battle. He argues that there’s a deeper fight going on – that is not about the notwithstanding clause but rather, longstanding grievances with the Charter itself.

Questions? Comments? Ideas? Email us at [email protected]


Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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1126 episodes

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The fight over the notwithstanding clause

The Decibel

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Manage episode 513523031 series 2922784
Content provided by The Globe and Mail and The Globe. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Globe and Mail and The Globe or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

A legal battle is underway over the notwithstanding clause, which allows governments to override “[certain] rights of Canadians” that are protected by the Charter of Rights and Freedoms. It’s a tool provincial governments have invoked often in recent years.

But the federal government is bringing the dispute to the Supreme Court, asking it to consider new limits on the clause. Divisions over that legal review are breaking out, with five conservative premiers calling on Ottawa to back off.

Globe columnist Andrew Coyne joins us to talk about the roots of this battle. He argues that there’s a deeper fight going on – that is not about the notwithstanding clause but rather, longstanding grievances with the Charter itself.

Questions? Comments? Ideas? Email us at [email protected]


Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  continue reading

1126 episodes

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