Section 33 of the Charter, the “notwithstanding clause,” allows Canada’s Parliament and legislatures to shield laws from certain Charter challenges. In this session, Richard Mailey, PhD Research Associate, asks whether this clause remains justifiable in light of recent shifts in Canada’s political culture — especially the rise of populist politics. To address this question, he will explain why it exists, how the notwithstanding clause works, and how it has traditionally been justified. The key question is, do these traditional justifications hold up?
