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Lorne Weinreb

Lorne Weinreb

Chartered accountant and controller based in Toronto, Ontario

Aug 5, 2026

3:45
How did it get added to the charter, and why is it considered a political compromise?
3:50
The main feature of the charter from the legal perspective is that it's an exceptional.
3:55
It's an exception to the exceptionally strong rights guarantees in the charter, and the exceptionally narrow and normative limitation clause that the courts evaluate in the second state of charter litigation.
4:12
The charter, with its strong rights protection, its narrow limitation clause, and its override clause, emerge from truly many decades of political controversy and deliberations which were often antagonistic.
4:30
One of the elements of the constitutional package was to transfer the power to amend Canada's written constitution from the United Kingdom Parliament to Canadian institutions, for which there had to be a formal amending formula to provide the requisite agreement between the federal government and the provinces for domestic amendment of our constitution.
4:57
When that patriation exercise w- was performed, Canada w- would become totally constitutionally and legally and politically independent from the United Kingdom.
5:10
So that was one part of the reform package.

17 MINS LATER

21:47
Could you please discuss some of the uses of the notwithstanding clause, including the uses by Quebec, a province that scholars Guillaume Rousseau and Francois Cote argue has a distinct notwithstanding clause practice?

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