Can Canadians' Rights Survive The Notwithstanding Clause
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Can Canadians' Rights Survive The Notwithstanding Clause
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The Charter of Rights and Freedoms made Canada a constitutional democracy in which unelected courts, not elected legislatures, have the final say about rights and freedoms. Yet Section 33 (the Notwithstanding Clause) was built in to let governments override the courts on certain matters. That clause has been contentious ever since – never more than now when it is increasingly being invoked to deny key democratic freedoms and human rights. Tune in to panel of leading legal experts to explore what’s a stake, what options are possible, and what they would mean for the future of Canada’s democracy.
Panelists: Eric Adams (Professor, Faculty of Law, University of Alberta), Anaïs Bussières McNicoll (Director, Fundamental Freedom Program, Canadian Civil Liberties Association), Richard Moon (Professor Emeritus, Faculty of Law, University of Windsor)
Moderator: James L. Turk (Director, Centre for Free Expression)
This conversation occurred on December 10, 2025 and was co-sponsored by Centre for Constitutional Studies and PEN Canada.