Ottawa wants the Supreme Court to curb provincial use of the notwithstanding clause, but progressives shouldn’t cheer. Limiting Section 33 risks eroding democratic accountability and inflaming national unity tensions. Dónal Gill argues the left must reclaim defence of parliamentary sovereignty, even when its uses are politically uncomfortable.
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The people are sovereign, not parliament. The Charter of Rights and Freedoms protects the people from government. The notwithstanding clause allows governments to ignore the Charter. And as long as the group whose rights they are trampling is sufficiently small, the likelihood of electoral consequences is likewise small.