What Are The Pros And Cons Of Section 33 For Canadian

Section 33 of the Canadian Constitution’s Charter of Right, also known as the “Notwithstanding Clause” has many different pros and cons for Canadians and has been a hot topic for a long time among Canadians. Such a clause within the highest law of our land was bound to stir up controversy in Canada, and there are many people who are both for and against the clause for a variety of different reasons. There were several mitigating factors surrounding the clause as well as players behind it and several effects it had on Canadian people. There are also factors needed to implement such a clause, and there are several effects such a clause have on the government who attempts to use it. The cause was part of what was known as “The Kitchen Accord”

This is better known as the ‘Notwithstanding Clause’, and has several pros and cons for Canadians. Some of the pros include that the bill ensures that the balance of power stays within the elected government instead of within the courts, the threat to individual rights is minor because of the five year limit on any use of it, and that only some, not all rights are subject to a possible legislative override. The most controversial pro is the fact that that the bill ensures that the balance of power stays within the elected government instead of within the courts. Many feel that it is very valuable that the courts play a role in the elaboration of rights and freedoms, however it not proper for them to act as legislators. In Canada, there is very little evidence that judges are ever selected based on how it is believed they would rule in certain cases, however, if the notwithstanding clause did not exist and the judges did act as legislators, it is safe to believe this would change. The second pro is that the threat to individual rights is minor because of the five year limit on any use of it. This override power is temporary. Any notwithstanding clause declaration expires after five years, but can be re-enacted indefinitely if the government wants to extend the period past the five-year term. The final pro is that not all rights are subject to a possible legislative override. The notwithstanding clause can only override fundamental freedoms (section 2), legal rights (section 7-14), equality rights (section 15), democratic rights (sections 3-5), mobility rights (section 6), language rights (sections 16-22) and minority language education rights (section 23). Although some may argue that this is a lot, many also believe it could be much worse. There are thirty-four sections of the Canadian