Bill S-218 — Loi modifiant la Loi constitutionnelle de 1982 (disposition de dérogation)
Limits on overriding rights
This proposed law wants to change how the Canadian government can use a special power. This power is called the "notwithstanding clause." It lets governments ignore some court decisions that protect our rights and freedoms, like freedom of speech or religion. Right now, it's fairly easy for a government to use this power. The proposed law would make it harder to use the "notwithstanding clause." Before a government could use it, they would have to jump through more hoops. They would need to explain clearly why they want to use it. They would also need to get more agreement from different groups, maybe even other provinces. This matters because it affects your rights. If it's harder for the government to use the "notwithstanding clause," your rights are better protected. The courts would have more power to make sure the government respects your freedoms. It could prevent the government from easily ignoring court decisions that protect you.
Where this proposed law falls on the policy spectrums that Canadians care about
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Inscription gratuite — 30 sThis proposed law makes it much harder for the federal government to use a special power that lets it override certain Charter rights. It adds many steps, like needing a Supreme Court ruling first and getting a supermajority vote in Parliament, which helps protect people's rights. However, it does not change how provincial governments can use this power, which is where it is often used.
Things to Watch For
- This proposed law does not stop provincial governments from using the notwithstanding clause.
- It might make it nearly impossible for the federal government to use this clause, even in urgent situations.
- The requirement for a Supreme Court ruling before using the clause gives judges more power over law-making.
- Getting a two-thirds vote and support from multiple parties could lead to political disagreements and delays.
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How likely this proposed law is to be approved
This proposed law deals with the Constitution, which is very difficult to change. Plus, it was proposed by a Senator, not the government, making it less likely to pass.
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