ANALYSIS: Rising Use of Notwithstanding Clause: ‘Brute Political Force’ or Reasonable Response to ‘Overreaching’ Courts?

As governments increasingly resort to the notwithstanding clause, some say it signifies further erosion of democracy and charter rights, while others argue it’s because “overreaching” courts aren’t allowing democratically elected lawmakers to carry out their mandates. The clause is once again drawing attention after media reports honed in on comments by Conservative Leader Pierre Poilievre on April 29 that he would use “whatever tools the Constitution allows me to use to make them constitutional” to tackle crime. “I think you know exactly what I mean,” he told his Canadian Police Association audience. The Liberals took that further to say that a Conservative government would use the clause to target abortion, an issue that successive Tory leaders have said they’re not going to revisit....