Period B For Learning Notwithstanding Clause June 12

Due: Thursday, 13 June 2024, 1:00 PM
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Period B For Learning Notwithstanding Clause June 12

Number of replies: 2

Review the resource on the Notwithstanding Clause below and on this Moodle page.. Then answer the questions below.

1. What is the Notwithstanding Clause?  

2.  Give 3 examples of when a province has used the Notwithstanding Clause.

3. Do you think that this Notwithstanding Clause is fair?  Explain why or why not.

**100 words; Answer below in Moodle

Resource

https://www.thecanadianencyclopedia.ca/en/article/notwithstanding-clause


In reply to First post

Re: Period B For Learning Notwithstanding Clause June 12

by Yuhan (Yoly) Fu -
1.The “Notwithstanding Clause” is Section 33 of the Charter of Rights and Freedoms. It is also known as the “Override Clause.” It is part of the Canadian Constitution. This clause was crucial in winning provincial support for the Charter. This clause allows the government to bypass certain rights. This override must be renewed after five years. Using this clause is politically difficult, so it is rare. The provinces have only used it a few times. The federal government has never used it.2.1.Quebec Language Act, 1988, Quebec used an "notwithstanding clause" to protect its language law.2.1986, Saskatchewan School funding, the Saskatchewan government used an "notwithstanding clause" to overturn a court ruling regarding funding for non-Catholic students attending Catholic schools. 3. In 2019, Alberta's Gay and Straight Alliance (GSA), Alberta Premier Jason Kenney's government introduced Bill 8 to replace the previous NDP government's legislation on gay and straight alliances in schools.3.I think it is fair because this provision brings fairness and freedom.
In reply to First post

Re: Period B For Learning Notwithstanding Clause June 12

by Shaohui (Bill) Zhang -
The Canadian Charter of Rights and Freedoms is known as the clause. Also known as the coverage clause, it is part of the Canadian Constitution. This clause allows federal, provincial or territorial governments to temporarily override or circumvent certain charter rights. These priorities can be given in the follow-up period of five years. Although this clause can be used by governments, it is politically difficult to use, so it is rarely used. It is commonly known as "nuclear selection" because its use is considered extremely serious. Since the promulgation of the Constitution in 1982, this provision has only been used in the provinces a few times. The federal government has never invoked this clause. I think it's fair, because it's not against the Constitution.