Lost in the discussion of Ontario Premier Doug Ford invoking the notwithstanding clause to push through passage of Bill 5 is the fact that judges have their own notwithstanding clause.
And they use it all the time.
The reaction to Ford’s decision is over the top to say the least.
People that should know better are losing their minds. Bob Rae called Ford’s actions “a direct assault on freedom and the rule of law.”
Toronto City Councillor Joe Cressy, who had previously praised actual dictator Fidel Castro, compared Ford to a dictator for invoking Section 33 of the Charter.
And opposition leader Andrea Horwath declared that Ford was “trampling people’s rights.”
It is part of the law, part of the highest law, the constitution!
Calling Ford a dictator is beyond ridiculous.
Judges use their own notwithstanding clause.
As for trampling on rights, will I hear Horwath, Cressy, Rae and others denounce the courts the next time they use Section 1.
For all the talk of Ford trampling rights, I simply don’t hear any complaints, and never have, of judges using Section 1 of the Charter of Rights and Freedoms.
I know all the journalists and pundits squawking about Ford know all about Section 1, they’ve covered in the past.
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