Reigniting the Dialogue: The Latest Use of the Notwithstanding Clause in Canada

Research output: Contribution to journalArticle

Colleges, School and Institutes

Abstract

Reviews Canadian judicial-legislative dialogue in the Saskatchewan Queen's Bench Division ruling in Good Spirit School Division v Christ the Teacher Roman Catholic Separate School Division No.212 on the power to legislate notwithstanding constitutional rights being breached by the legislation. Considers the case's lessons for the UK, where the Executive may ignore declarations of incompatibility with the Human Rights Act 1998 made by the courts.

Details

Original languageEnglish
Number of pages10
JournalPublic Law
Publication statusPublished - Jan 2018