notwithstanding clause
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Things I Dislike about the Constitution
10 problems with the Canadian constitution (according to its original meaning) Continue reading
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Chekhov’s Gun
Why Dwight Newman’s defence of the Charter’s notwithstanding clause is unpersuasive Continue reading
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Not Withstanding Scrutiny
The Saskatchewan government hasn’t justified its resort to the notwithstanding clause in the Catholic school funding case Continue reading
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Don’t Fix It
There is no good reason to start using the Charter’s “notwithstanding clause” Continue reading
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Marriage Drama
A row about civil and religious marriage in Québec is quite unnecessary In early February, Québec’s Superior Court delivered what should have been a fairly routine judgment dismissing a weak constitutional challenge to provisions of the province’s Civil Code that have usually ― although not always ― been regarded as requiring a person celebrating a Continue reading
Double Aspect 