
Lorne Weinreb
Chartered accountant and controller based in Toronto, Ontario
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Aug 5, 2026
S2E2: Section 33 of the Charter: The Notwithstanding Clause
3:45
3:50
3:55
4:12
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4:57
21:47

Caitlin SalvinoHOST
How did it get added to the charter, and why is it considered a political compromise?

Lorne WeinrebGUEST
The main feature of the charter from the legal perspective is that it's an exceptional.

Lorne WeinrebGUEST
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.

Lorne WeinrebGUEST
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.

Lorne WeinrebGUEST
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.

Lorne WeinrebGUEST
When that patriation exercise w- was performed, Canada w- would become totally constitutionally and legally and politically independent from the United Kingdom.
17 MINS LATER

Caitlin SalvinoHOST
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?