Why the Notwithstanding Clause? Putting the Charter's Controversial Provision in Context

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Section 33 of the Charter of Rights and Freedoms provides Canada’s federal and provincial legislatures with the power to enact legislation notwithstanding certain protections for rights. Debates over the clause have understandably been preoccupied with the question of whether and how the provision may allow legislatures to simply ignore rights and freedoms. In this talk, however, Dr. Rob De Luca will argue that Section 33's constitutional history, and its continuing role in shaping public discourse, demonstrate the clause's value -- despite the real dangers to rights and freedoms posed by the clause.

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