notwithstanding clause
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You Can’t Have a Pony
The solution to the Supreme Court’s problems is long, hard work — not coddling populists Continue reading
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Notwithstanding Myths
The case for the notwithstanding clause rests on misunderstanding or misdirection. Continue reading
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Whiplash
The good, the bad, and the ugly in Ontario’s election law reform Continue reading
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The Bike Lanes and the Clown Cars
In defence of the controversial decision holding that demolishing bike lanes in Toronto is unconstitutional Continue reading
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The Distinctly Awful Society
Unable to enforce existing laws, Quebec is contemplating curtailing religious freedom even more Continue reading
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Not as Advertised
Legislative debates leading to Saskatchewan’s use of the notwithstanding clause show little interest in constitutional rights Continue reading
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The UK Way
What a recent decision of the UK Supreme Court can teach us about courts, legislatures, and rights Continue reading
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Common Power Grabs
A defence of Ontario’s use of the notwithstanding clause as “common good constitutionalism” is the same old tripe, under a new sauce Continue reading
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Just Asking
Should the power over criminal law be transferred to the provinces? Continue reading
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Constructive Shooting
How to evaluate New Brunswick’s use of the Charter’s “notwithstanding clause.” Continue reading
