Discover and read the best of Twitter Threads about #NotwithstandingClause

Most recents (3)

It's time for a #thread regarding the #NotwithstandingClause and the need for an independent judiciary as check to government tyranny. It's seems that the right forgets fundamentals of Canadian democracy whenever it is convenient. #onpoli #Bill31 #Bill5
Parliamentary democracy is not the same as simple majoritarianism. The ultimate protectors of governmental legitimacy are free elections and the power of the electorate to change governments. Elections are one of many checks on Government power. #onpoli #NotwithstandingClause
It is wrong to suggest, as Doug Ford does, that anything that limits what the elected majority might wish to do, including the judiciary, is anti- democratic. This notion that parliamentary democracy resides only in majority rule is both false and dangerous. #onpoli #Bill31
Read 11 tweets
The Supreme Court of Canada has said that the Charter should be interpreted according to international human rights treaties to which we are a party. Does this presumption narrow the scope of s 33, the #notwithstandingclause? Thread. [1/14]
Art 4(1) of the International Covenant on Civil and Political Rights 1966 permits states to derogate from rights protected by it, but only “In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed”. [2/14]
The derogation can only be “to the extent strictly required by the exigencies of the situation”, not inconsistent with the state’s other international legal obligations and with no discrimination based on race, colour, sex, language, religion or social origin. [3/14]
Read 14 tweets
What you need to know about s.33 - the Notwithstanding Clause. A thread -
Municipalities are creatures of the province. This move was well within Premier Ford's legal authority to basically Thanos-snap half of the TO wards out of existence. #onpoli
And Doug Ford's move to use the Notwithstanding Clause in response to the judge's decision (ruling it unconstitutional) this morning, is also within his legal right as Premier of Ontario.
However, the Notwithstanding Clause is like using a shake weight on your morning commute using public transportation. Just because you can, doesn't mean you should.
Read 13 tweets

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