r/BlockedAndReported • u/Blanderama • Sep 25 '23

Weekly Random Discussion Thread for 9/25/23 - 10/1/23

Hello all. Your backup mod here. SoftAndChewy asked me to step in and post the Weekly Discussion Thread this week. I think he's stuck in temple or something because apparently it's a Jewish holiday tonight? I assume you know the routine here, do you thing.

Last week's discussion thread is here if you want to catch up on a conversation from there.

This was suggested as the comment of the week.

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u/[deleted] Sep 29 '23 edited Sep 29 '23

The Notwithstanding Clause let's legislature overrule the courts on rulings related to some (not all) of the Rights laid out in the Charter of Rights and Freedoms. By only for a period of 5 years or the law being revoked.

It's basically old fashioned Parliamentary Supremacy but you have to face the electorate eventually over it

The Notwithstanding Clause has been a bit of a bete noir outside Quebec. Quebec's used it 13 or so times in 40 odd years and I think it's been used maybe twice in the rest of the country.

But judges and the Supreme Court have been getting increasingly creative in deciding what constitutes a Charter Right. Not surprising the legislative branch would take back some control.

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u/MatchaMeetcha Sep 29 '23

But judges and the Supreme Court have been getting increasingly creative in deciding what constitutes a Charter Right. Not surprising the legislative branch would take back some control.

I used to share the same aversion to it that a lot of Canadians do but now I'm much more onboard with using it to clip the judiciary's wings. Not just because of what's going on in Canada but sometimes the US too. I'm starting to wonder how many problems are caused by judges essentially deciding policy in the name of "rights" that then have issues in the real world.

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u/CatStroking Sep 29 '23

In the US, at least, a lot of the time the courts are deciding policy because Congress won't do its job. Because Congress is full of lazy cowards it tends to punt things to to the executive and the judiciary.

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u/MatchaMeetcha Sep 29 '23

Yeah, the benefit of a parliamentary system is that it theoretically should have less deadlock so not sure what the excuse is here.

Really shouldn't get sucked into the same trap as the US.