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Past, Present, and Future Perspectives on the Notwithstanding Clause

June 3, 2025 | Asvini Kulanayagam and Nancy Bediako

The notwithstanding clause, s. 33 of the Canadian Charter of Rights and Freedoms, is a constitutional provision that plays a significant role in some of Canada’s most recent controversial legal issues. In December, the Ontario Bar Association gathered legal, policy, and political experts to discuss its use. The event featured a full day of engaging conversations and critical analysis. The day began with a historical overview of the Charter and the origins of the notwithstanding clause, delivered by Dr. Thomas Axworthy. The later panel discussions explored key trends in its use to date, as well as perspectives on the pros and cons of invoking the notwithstanding clause in the future.

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