Cody Mallette: Notwithstanding clause was the price of the Charter. Courts must not rewrite it

On April 17, the Charter of Rights and Freedoms turned forty-four. The same morning, Minister of Justice Sean Fraser toured the Library and Archives Preservation Centre in Gatineau, Qc., and told reporters he is considering guardrails around how Section 33 is used at the federal level. Section 33, the notwithstanding clause, allows Parliament or a provincial legislature to pass a law that operates notwithstanding certain Charter rights, for a renewable five-year term. Read More