07 January 2006

An exception to the Charter's failures?

Russ Kuykendall presents a persuasive litany of the failures of Canada's Charter of Rights and Freedoms. He concludes with the suggestion that Section 33, the Notwithstanding Clause, is "the Charter's saving grace." Would that this were so. In truth, the Clause is close to becoming a dead letter, because, outside Québec, our governments are afraid to invoke it.

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