this post was submitted on 21 Apr 2025
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Promising to use the notwithstanding clause means the laws they intend to pass will fail to pass a charter challenge. That should alarm anyone.
If they were to do this, the law would only stand for 5 years before being subject to challenge again, and inevitably it will fail (which is why they used notwithstanding), and the people who were harmed by the government's use of notwithstanding will sue the government for the violation of their rights and they will win.
We only need to look at Ontario and how it went with Ford's use.
They can't challenge if it they just use it again.
If the cons take power, it will remain in place until they are out of power. I imagine the opposing parties would have immediately revoking it, be a part of their platform, so we wouldn't need to wait through the end of the 5 year period.
Th argument for notwithstanding was that it would be used in matters of extreme importance, and in a thoughtful and limited way.
Now it’s being wielded by the right to push policy that feels good to vengeful idiots with no consideration if it would lead to good outcomes. And because Notwithstanding now framed as a left/right matter it will be impossible to get rid of.
So now we’re in a situation where in each election from now until the end of time, we have to convince a clickbait-hungry media and a population distracted by slogans and shiny objects that boring nerdy shit like notwithstanding is something that they must pay attention to.
This fucking sucks.