A brief history of Canada’s notwithstanding clause and how it came to be
REGINA — The Saskatchewan government says it will invoke the notwithstanding clause of the Charter of Rights and Freedoms so it can keep funding non-Catholic students attending Catholic schools. Premier Brad Wall casts it as a move to protect the rights of parents and students to choose schools.
The notwithstanding clause has long been one of the most controversial aspects of the charter. While some argue the clause is a healthy part of a Constitutional democracy, others disagree. Former prime minister Brian Mulroney once said, with it, the charter was “not worth the paper it’s written on.”
Here is a refresher on what has been referred to as the “sleeping giant” of Canada’s Constitution:
WHAT IS IT?