M
Mary Eberts
Lawyer
1
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Oct 23, 2026
Season 5, Episode 1: Charter History
63:18
63:25
63:58
64:14
64:27
64:35
68:17

Cheryl MilneHOST
included in that could you walk us through your reasoning as well as your reaction to the final draft of section one

Mary EbertsGUEST
well the worry that we had and I think the worry that a lot of people had was that a section one was so weak that a legislature could put on any kind of restriction on any kind of right and there was a very strong chance that it could be justified under section one And so I know the National Action Committee on the Status of Women said that women were going to be worse off under the Charter than we were before.

Mary EbertsGUEST
And there were other comments on Section 1 that were pretty disparaging, although we were told when we appeared, that is the Status of Women Council, that we had made the most devastating attack on Section 1 that they had heard to date.

Mary EbertsGUEST
I think that the improvement in Section 1 has really eliminated the need to make a special section of specially protected rights.

Mary EbertsGUEST
And that is also the result of the way the courts have responded to section one.

Mary EbertsGUEST
They don't seem to be making a distinction between different grounds and developing a test for justification that is stronger or weaker depending on the ground.

Cheryl MilneHOST
We discussed Section 33 a bit in our Season 1 episode, but I'm curious, what was your reaction to the inclusion of what is known as the Notwithstanding Clause in light of ongoing litigation, including the Hack case, which that is currently before the Supreme Court of Canada?