POLITICS

Explainer: Canada’s Notwithstanding Clause

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What Is the Notwithstanding Clause?

The notwithstanding clause, formally known as Section 33 of the Canadian Charter of Rights and Freedoms, gives federal or provincial legislatures the power to temporarily override certain Charter rights. It applies specifically to fundamental freedoms, legal rights, and equality rights. When invoked, a law can operate “notwithstanding” those Charter protections for up to five years, after which the government must renew it if they want it to continue.

Why Was It Created?

The clause was added to the 1982 Constitution as part of a compromise to secure provincial agreement to the Charter. Its purpose is to maintain a balance between the judiciary and elected legislatures, ensuring courts do not have absolute final authority over all rights matters. In effect, it is a political safeguard that allows legislatures to assert supremacy in rare, exceptional cases where they believe public policy outweighs certain individual rights.

Why Does It Matter?

The notwithstanding clause reflects a uniquely Canadian approach to constitutional democracy. It acknowledges entrenched rights but also preserves the sovereignty of elected legislatures. While intended to be used sparingly, the clause remains a highly controversial tool because it raises important questions about:

  • the limits of rights under the Charter,
  • the role of the judiciary in interpreting laws,
  • and the accountability of governments that choose to override rights.

How Often Has It Been Used?

Although Section 33 has been part of the Constitution since 1982, it has been rarely invoked. When governments consider using it—often in high-profile or divisive cases—the decision sparks national debate about the balance between protecting rights and respecting legislative authority. Its very existence continues to shape Canada’s political and constitutional landscape.

The Debate Continues

For some, the clause is a necessary democratic safety valve. For others, it risks undermining the integrity of Charter rights by allowing governments to bypass protections too easily. As Canadian politics evolve, the notwithstanding clause remains one of the most contested features of the country’s constitutional framework.

 

BC STORIES

Will David Eby’s Early Election Call Deliver Results or Backfire?

B.C. NDP Leader David Eby defends his decision to call a snap election for Oct. 24 as critics question the strategic risk against a reunited opposition.

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A High-Stakes Gamble on the Ice and in the Polls

During an October campaign stop at the Victoria Curling Club, B.C. NDP Leader David Eby joined candidate Richard Zussman to sweep stones across the sheet. The lighthearted moment comes at a tense period for the premier, who called a provincial election for Oct. 24—less than two years into his current mandate.

Eby triggered the snap vote on Sept. 22, shortly after the B.C. Conservatives appointed interim leader Lorne Doerkson following Kerry-Lynne Findlay’s resignation. Doerkson quickly brought back several MLAs who had briefly defected to CentreBC, stabilizing his party’s caucus. Despite recent polls showing the NDP behind the Conservatives, Eby defended his timing, stating his focus was on ensuring a functioning legislature and elected members who advocate for local priorities.

Reflecting on a Career Built on Risk

Eby has a long history of taking political risks. In 2011, he ran as a 33-year-old against former premier Christy Clark, narrowly losing before defeating her in a 2013 rematch. He later stepped back from a potential party leadership run when his wife, Cailey Lynch, became pregnant with their first child. The couple now has three children. Eby went on to manage prominent cabinet portfolios under late premier John Horgan before assuming the premier’s office in 2022.

Former law school friend Megan Leslie recalled Eby’s early activism, noting he co-founded the Social Activist Law Student Association at Dalhousie University, played in local bands, and joined Vancouver’s Pivot Legal Society and the B.C. Civil Liberties Association. Former colleagues described him as a driven advocate with strong leadership energy.

Critics Question Past Results and Future Outcomes

Former B.C. Liberal cabinet minister Mike de Jong warned that calling an early election while holding a one-seat majority could be viewed as tactical self-interest. He suggested that if the NDP loses, the decision could be seen as a major political mistake. Clark also offered a critical view, arguing that while Eby remains a formidable campaign opponent, he faces challenges in delivering policy results, highlighting the province’s projected $14-billion deficit.

When asked if he would remain party leader in the event of an election defeat, Eby refrained from giving a definitive answer, expressing confidence in British Columbia voters to determine the province’s path on election day.

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HEALTH

BC Conservatives Promise Universal Health Care Coverage as Debate Over Doctor Shortages Intensifies

BC Conservatives commit to universal health care and keeping emergency rooms open while criticizing Premier David Eby’s health record and doctor shortages.

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Conservative Party Responds to NDP Health Care Strategy

More than one million residents in British Columbia currently lack a family doctor, while emergency rooms across the province experienced nearly 2,400 closures over a two-year period. Amid these system pressures and record-long specialist wait times, the Conservative Party of BC is promising that residents will need only their health card to access care.

Party Commitments and Critique of Current Record

Lorne Doerkson made a commitment on October 5 to protect health care funding and maintain a universal, publicly funded system in British Columbia. The Conservatives stated that a future party government would keep emergency rooms open, recruit necessary doctors and nurses, and safeguard public health care.

Addressing the current administration, the Conservatives pointed out that Premier David Eby has held office for nearly four years and acknowledged 50-week wait times for surgery. The opposition criticized the NDP’s approach of taxing doctors to resolve staff shortages, adding that the Premier previously promised every resident a family doctor by the end of 2025. The party anticipated that the NDP would launch a fear-based campaign to draw attention away from its health care record.

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BC STORIES

Why B.C. Party Leaders Are Reflecting on Unity and Community Traditions This Thanksgiving

B.C. NDP Leader David Eby encourages Albertans to vote for unity in the upcoming referendum, while provincial party leaders mark Thanksgiving weekend.

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David Eby Urges Unity Ahead of Alberta Referendum

B.C. NDP Leader David Eby used his Thanksgiving social media message on Sunday to encourage Albertans to remain part of Canada during an upcoming referendum on Oct. 19. Eby noted that B.C. and Alberta share strong ties through family, business, and friendship, emphasizing that the provinces are “stronger together.” He stated that NDP candidates support a unified country and expressed hope that Albertans will vote to stay rather than back a second, binding vote to separate.

Meanwhile, Danielle Smith has closed the door on holding a second referendum if Alberta voters reject separation in the upcoming vote.

How B.C. Political Leaders Spent the Holiday

Alongside his political message, Eby spent Sunday visiting a pumpkin patch in Delta, B.C., with his family. A campaign spokeswoman confirmed that Eby and his family planned to continue a Thanksgiving tradition on Monday by sharing fish and chips with his children’s grandparents.

Lorne Doerkson, interim leader for the B.C. Conservatives, issued a statement noting he spent the holiday in Vancouver, “a long way” from his home in Williams Lake, B.C., where he would typically enjoy a full house of family and “too much turkey.” A campaign spokesman said Doerkson chose to spend his holiday with campaign volunteers following a visit to a food bank on Saturday.

The B.C. Greens’ schedule indicated Leader Emily Lowan was slated to spend Monday canvassing and attending a meet-and-greet session. The party did not immediately respond to inquiries regarding how she was celebrating Thanksgiving.

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