To Override or Not to Override; The Legislative Kill Switch
This province threatened to use the notwithstanding clause 3 times in 4 years
Ontario
This constitution act of 1982 was built upon this initial act
The BNA Act of 1867
This premier stated: “I have been stabbed in the back during the night by a bunch of carpetbaggers” during the repatriation process in 1982
René Lévesque
How many times has the notwithstanding clause been used since its creation?
27
Determine to what extent the preferences of individual judges may impact policy decisions in spite of rigid court rules.
Human Element
The most recent use of the notwithstanding clause had to do with limiting the rights of transgender youth in this province
Saskatchewan
The final negotiations leading to the 1982 Charter agreement took place in a hotel kitchen and are famously referred to by this playful name.
"Kitchen Accord"
This former minister for justice and significant constitutional figure was recently seen in a Globe and Mail article snubbing President Donald Trump
Jean Chretien
7/10 provinces with 50% of the population
What is needed to reform the notwithstanding clause
This is the term for the concept where courts interpret laws that impact society, often influencing public policy decisions.
Judicial Review
This province utilized the notwithstanding clause for every bill from 1982-1985 in protest of the repatriation of the constitution
Quebec
The name of the group of provincial premiers that opposed Pierre Trudeau's initial constitutional reform plans that sought to protect provincial powers during constitutional negotiations.
The “Gang of 8”
Premier Brian Peckford secured a deal on employment and economic development before agreeing to the 1982 Charter, ensuring benefits for this province
Newfoundland
Democratic legitimacy and exceptional provincial circumstances
What have been the main arguments given for the use of the notwithstanding clause
This principle refers to the idea that judges should not be influenced by external pressures, such as politics or public opinion when making decisions.
Judicial Independence
This province utilized the notwithstanding clause to impose mandatory vaccinations for school aged children.
New Brunswick
Name that the embittered Quebecois gave to the event that led to the signing of the Charter.
Night of the Long Knives
The premiers from these two provinces were the strongest advocates for including the notwithstanding clause in the Charter, arguing it was necessary to protect provincial legislative authority and democratic decision-making
Alberta (Peter Lougheed) and Saskatchewan (Allan Blakeney)
What led to the repeal of the use of the 2022 notwithstanding clause in Ontario?
Political protest/ threatening general strike
In Ian Greene’s “The Courts and Public Policy,” he explores three elements of political institutions, including: Institutional rules, _____________, and the human element.
Institutional Capacity
This region was the first to use the notwithstanding clause following the repatriation of the constitution in 1982
Yukon Territory
When was the first attempt to repatriate the constitution
1926
This Prime Minister who supported the repatriation of the constitution, fathered his last child at the age of 71
Pierre Trudeau
We’ll see next year
Will the federal government use the notwithstanding clause?
This is the idea that courts, especially the Supreme Court of Canada, have a duty to protect individual rights and promote justice even when it conflicts with the majority opinion.
The protection of minority rights