Today, a case involving Quebec’s use of the notwithstanding clause is going before the Supreme Court of Canada. In the last decade, many provinces have used the clause to override federal powers to pass controversial laws. While cases involving the notwithstanding clause have been taken to the Supreme Court before, none have had the magnitude of being precedent-setting that could have major implications for the Charter of Rights and Freedoms. The hearing will be one of the longest at the country’s highest court in a decade.
The Globe’s justice reporter, David Ebner, explains how the clause came to be, why provinces have used it, and whether the case will change the power balance between provincial and federal governments in Canada’s charter.
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