Commentary
In whom do you have more faith, judges or politicians? For many Canadians, this question is about which group they trust the least, and not about which group they trust the most. A person’s answer to this question will largely determine whether she or he likes or dislikes Section 33 of the Canadian Charter of Rights and Freedoms, commonly known as the “notwithstanding clause.”
In a recent ruling, the Saskatchewan Court of Appeal seems to be trying to water down the purpose and effect of Section 33, which is an integral part of the Charter. Without Section 33, the Charter would never have been added to Canada’s Constitution in 1982, because the premiers were concerned about judicial overreach….