Monday, January 09, 2006

The verdict on the second debate: What the hell is the "Not withstanding clause, and why the hell do I care?

As stated on tonights election debate, and according to CBC News, It looks like Paul Martin is going for the "Long Bomb" and has challaged Steven Harper to follow his lead and promise the ban of the federal use of the "Nothwithstanding Clause". If If I understand it corectly, what this really means, if Steven Harper and the conservaties get elected and IF they agree to the challage, this promise would effectly ban an action by the conservaties (or any other party) from use the notwithstanding clause overide descions made the Supreme Court on the interpretion of theCanadian Charter of Rights and Freedoms. So on federal level, they could use the notwithstanding clause to overule the supreme court on descions like gay marriage.

CBC briefly states:

"The notwithstanding clause allows the federal government or a provincial legislature to enact legislation to override several sections of the Charter that deal with fundamental freedoms, legal rights and equality rights."

for a more indept look:

Wikipedia, the free encyclopedia: "Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (or 'la clause dérogatoire' in French), or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter."


finally, right from the parl.gc.ca site:

The Notwithstanding Clause of the Charter (BP194e): "THE NOTWITHSTANDING CLAUSE
OF THE CHARTER"

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