Re:Justin Trudeau announces resignation as Canadian prime mi...
by bawolff on Monday January 06, 2025 @05:07PM
(#42616522)
> A simple majority vote in any of Canada's 14 jurisdictions may suspend the core rights of the Charter
This is misleading. It also has to be in their juridsiction.
For example, alberta (25 years ago) tried to use the notwthstanding clause to ban gay marriage. It didn't work because it was out of their juridsiction.
> So a government that has 35% the popular vote can just suspend any right we have.
The notwithstanding clause only applies to some parts of the charter not all of it. It also doesn't apply to rights from other parts of the constitution.
It might also be possible for the federal government to disallow particularly egregious rights violation by provinces. I think its still an open question if fed still has power of reservation or disallowance or not.
This is misleading. It also has to be in their juridsiction.
For example, alberta (25 years ago) tried to use the notwthstanding clause to ban gay marriage. It didn't work because it was out of their juridsiction.
> So a government that has 35% the popular vote can just suspend any right we have.
The notwithstanding clause only applies to some parts of the charter not all of it. It also doesn't apply to rights from other parts of the constitution.
It might also be possible for the federal government to disallow particularly egregious rights violation by provinces. I think its still an open question if fed still has power of reservation or disallowance or not.