Transparency on the Charter's Notwithstanding Clause
A letter sent yesterday to Justice Minister Peter MacKay by the Liberal Justice Critic Sean Casey raises the possibility that the Conservative government may have issued a directive to the Department of Justice to study the potential suspension of Charter rights.
Last March I wrote that Mr. Casey submitted a series of written questions to the government inquiring about any Conservative policies regarding the use of the Charter's notwithstanding clause.
By way of background section 33 of the Charter - the 'notwithstanding clause' - allows governments to override Charter protections to render unconstitutional laws legal.
This is an exceptional power that has never been used by the federal government.
Casey's questions were - and are - very relevant given the Conservative government's history of passing legislation that has been found to violate the basic rights and freedoms guaranteed by the Charter.
http://www.michaelspratt.com/law-blog/2014/6/17/transparency-notwithstanding-clause
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