Canada is torn over the notwithstanding clause
The Big StoryPlay episode
Show notes
Quebec's secularism law, Bill 21, prohibits certain public servants from wearing religious symbols while on the job. It was passed in 2019 with a pre-emptive use of the notwithstanding law - a section of the Charter that protects legislation from court intervention if the legislation goes against other freedoms.
Last week, the Supreme Court heard arguments on how provinces should apply the notwithstanding clause, and whether or not its application should be subject to review after the fact.
Host Caryn Ceolin speaks to journalist Max Fawcett to discuss the historical context of the clause, what legal challenges come with Bill 21, and potential outcomes from the Supreme Court's decision.
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