The Canadian Bar Association supports, in principle, the objective of Bill S-218 to introduce safeguards around future federal use of section 33 of the Canadian Charter of Rights and Freedoms, commonly referred to as the “notwithstanding clause”. Requiring greater transparency and deliberation before invoking the notwithstanding clause would help protect fundamental rights, reinforce public confidence in our legal institutions, and curtail uses of section 33 that may have the effect of overriding Charter protections to the detriment of the Canadian public and in particular, to the detriment of marginalized or oppressed individuals and communities.
We look forward to the opportunity to offer constructive comments on the specific provisions of the Bill when it reaches consideration in Committee. The CBA remains committed to upholding the rule of law, protecting fundamental rights, and advancing meaningful dialogue on the limits of legislative power in a constitutional democracy.
