Quote:
Originally Posted by lozen
I would agree that comment was not the wisest
But lets see She has clearly said that Supreme Court decisions are final and will obey those including the carbon tax
Quebec Premier. Nope we dont care what the Supreme Court rules we will use The not withstanding clause
Agreed on the nomination I think its a poor choice and after 6 ballots and only 51% its not like Pierre's nomination.
To be clear u compare 2 things that should not be used of the clause....
" A simple majority vote in any of Canada's 14 jurisdictions may suspend the core rights of the Charter.
However, the rights to be overridden must be either a "fundamental right" guaranteed by Section 2 (such as freedom of expression, religion, and association), a "legal right" guaranteed by Sections 7–14 (such as rights to liberty and freedom from search and seizures and cruel and unusual punishment) or a Section 15 "equality right".[1] Other rights such as section 6 mobility rights, democratic rights, and language rights are inviolable.
Such a declaration lapses after five years or a lesser time specified in the clause, although the legislature may re-enact the clause any number of times.
The rationale behind having a five-year expiry date is that it is also the maximum amount of time the Parliament or legislature may sit before an election must be called. Therefore, if the people wish for the law to be repealed, they have the right to elect new representatives who would have the power to do so."
Now u might think using the clause for the section 2 is not ok but it is clearly acceptable from the chart itself and was build in that way.
https://en.wikipedia.org/wiki/Sectio...s_and_Freedoms
"Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation.[1] These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Section 1 of the Charter permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the Charter. "
You just cant use the clause on everything like u seem to think...
And that carbon tax as nothing to do with the charter.