Canadian Bill of Rights. http://www.youtube.com/watch?v=U98uQZvhI5Q. Citation to Ponder.
- Prime Minister John G. Diefenbaker, July,1,1960
Read the following citation and elaborate on it. Questions to ponder:
1. How true is the statement?
2. How limited or restrained are the stances?
3.Have you ever been in the situation where your beliefs were not taken into consideration?
It did not apply to all the provinces(in provincial human rights issues, the provinces could legislate as they wished)
A CLAUSE BE ADDED THAT WOULD ALLOW THE PROVINCES SOME POWER TO OVERRIDE OR LEGISLATE AROUND THE CHARTER OF RIGHTS AND FREEDOMS
Invoke =to put into effect
The notwithstanding clause
When a government decides to invoke the notwithstanding clause to pass legislation that violates one of the protected rights in the Charter, it must identify the particular law and the sections of the Charter that are being overridden.(Bill 101( 1988) - all the public signs in Quebec are to be in French)
The F.G. Made 101 invalid due to the infringement of the bilingualism in Canada. The P.G. Of Quebec passed C178 – French only in Quebec ( Vive Le Quebec Indépendant!)
“The notwithstanding clause will be a red flag for opposition parties and the press. That will make it politically difficult for a government to override the Charter. Political difficulty is a reasonable safeguard for the charter.” Allan Borovoy
Develop a stance towards the idea of the notwithstanding clause (does it belong to the Charter or not?) and in a point form ,jot down 5 arguments that would support the necessity or uselessness of the clause. Think of the examples where the s.33 could be applied.