Commentary
In September, the federal government urged the Supreme Court of Canada to protect rights by limiting the use of the Charter’s “notwithstanding clause.” Two days later, it introduced Bill C-9, the “Combatting Hate Act,” which will infringe upon free speech. The bill does not invoke the notwithstanding clause. It does not need to. The Supreme Court has already done the dirty work by declaring, years ago, that prohibiting “hate speech” is constitutional.
In Canada, who protects individual liberties? Not legislatures. Not courts.
The notwithstanding clause is Section 33 of the Charter. It allows provincial legislatures and Parliament to pass laws that might infringe the rights in Sections 2 and 7 to 15. Invoking the clause prevents courts from striking down the statute as unconstitutional. Activists have long sought to discredit and delegitimize the clause. The battle is not about whether Canadians will have their freedoms respected, but who gets the last word on how and when they will be put aside….