Commentary
When judge Shaina Leonard ruled last month that an Alberta independence petition couldn’t advance without indigenous consultation, Premier Danielle Smith mused about deploying the notwithstanding clause. “A single judge cannot override what 700,000 people have said they want,” she said.
It underscored what a legal-political hot potato the clause has become. It’s either a “nuclear option” or a constitutional counter against “judicial autocracy.”
Intended as a protection against judicial overreach by the courts, its future is now, ironically, being decided by the Supreme Court of Canada—which will shape how federal and provincial governments use the notwithstanding clause for years to come….