This argument mischaracterizes the notwithstanding clause. Invoking s.33 is highly visible and carries political consequences. It shields a law only from being struck down on certain Charter grounds and must still comply with all other federal and provincial legislation (like PIPEDA).
It’s not perfect, but it does provide some flexibility to accommodate provincial differences. And the concerns people raise about the notwithstanding clause can just as easily occur in countries without it. Personally, I’d be much more concerned if we had FISA courts.
It’s not perfect, but it does provide some flexibility to accommodate provincial differences. And the concerns people raise about the notwithstanding clause can just as easily occur in countries without it. Personally, I’d be much more concerned if we had FISA courts.