Tag Archives: canadian law

“Humanitarian Exceptionalism” and the Failure of Imagination in the Progress of Human Rights in Canada

by Hero Aiken

In their book, Refugee States: Critical Refugee Studies in Canada, Vinh Nguyen and Thy Phu describe the concept of Canadian “humanitarian exceptionalism” in some detail. They describe it as “a belief that what sets Canada apart from the US and other nation-states is its distinct benevolence and commitment to human rights” (Nguyen and Phu, 3). As a result of this belief, Canadians may think themselves morally superior to inhabitants of other nations, especially the United States. In fact, a 2016 survey from the Angus Reid institute found that only 15% of Canadians considered the United States to be a “caring society” (Canada Guide). In other words, it seems clear that Canadian society both prides itself on its perceived humanitarian excellence, while also defining itself through its ethical superiority in comparison to other nations. This means that Canadian society, as well as individual Canadians, may feel less pressure or duty to investigate the human rights conditions in our own country and brought about by our government’s policies. “As long as we aren’t as ‘bad’ as the United States”, we reason, “can we really be all that ‘bad’”?


I would argue that this is not only lazy but an irresponsible and dangerous view to take on the protection of human rights in Canada. Why, if we view the United States to be so thoroughly disrespectful of human rights, can we not imagine an instance in which we might surpass their moral standards, but still fail to demonstrate humanitarian efforts of which we can be proud? Surely, if Canadians can so unanimously condemn the human rights violations which we have recently witnessed in the United States, we can muster a more rigorous and objective scale with which to measure our own actions. Unfortunately, the abdication of moral appraisal in favour of an assumed humanitarian supremacy over a handful of conveniently placed international rivals cannot be seen as anything other than a failure in the advancement of universal human rights.


Last year, while writing for Amnesty International U of T’s Candlelight blog, I submitted a piece highlighting the discrepancies between Canada’s benevolent image on the international scene and the difficult realities faced by its unhoused population. This year, I’d like to elaborate on this same theme while turning my attention towards the plight of refugees seeking asylum in Canada. This in the context of the trap set by the idea of “humanitarian exceptionalism”.

In the wake of Donald Trump’s infamous policies regarding the treatment of refugees or migrants seeking entrance into the United States, it perhaps became easier in recent years for Canadians to ignore the mistreatment of refugees by our own government. In a joint report released on World Refugee Day in 2021, Amnesty International and Human Rights Watch declared that “Canada incarcerates thousands of people, including those with disabilities, on immigration-related ground every year in often abusive conditions” (Human Rights Watch). However, when
compared to the more conspicuous abuses carried out by United States Immigration and Customs Enforcement (I.C.E.) agents during President Trump’s tenure, Canada’s mistreatment of immigrants and refugees has tended to fade into the background of our national consciousness. In 2017, Reuters reported that the Trump administration was considering the separation of Mexican children from their mothers upon “illegally” crossing the border into the United States (Reuters). The following year, the United States Department of Homeland Security (D.H.S.) publicly admitted for the first time to having separated 2 000 children from their parents as they
crossed the border into the United States from Mexico (CNN). Faced with this abhorrent example of human rights abuse, it became easy for Canadians to cease the examination of our own systemic mistreatment of immigrants and refugees. I would argue that much of the energy which would have previously been spent on the promotion of the amelioration of Canada’s humanitarian measures in these areas instead became focused on the derision of the United States’ methods. This is clearly detrimental to the progress of human rights in Canada, and is also only one example among many. As long as Canada continues to measure the morality of our humanitarian efforts in relation to the often gross human rights abuses levied by American institutions, we will be wasting energy and resources which could be better spent on the questioning and bettering of our own systems.

Finally, I would indicate that this is not an outright condemnation of Canada’s efforts in the realm of human rights. According to the Fraser Institute’s 2022 Human Rights Index, Canada ranks 13th highest among the nations of the world (Fraser Institute). This is above the United States, and other wealthy nations such as the United Kingdom and France. Instead, this article is meant to denounce the idea that human rights efforts can be reduced to the ways in which they compare to each other. Human rights efforts, whether they concern the treatment of vulnerable populations such as the unhoused and those seeking asylum as refugees, or whether they concern the status of marginalized populations such as racial or sexual
minorities, are inherently indicative of the ways in which we value the lives of our fellow humans. Is this pursuit not worthy of being measured in ways which transcend the petty temptation to comparison? If Canada wants to build a nation truly worthy of being deemed “exceptional” for its humanitarian pursuits, we ought to create an independent standard by which to measure our human rights efforts. If we seek “humanitarian exceptionalism” in the truest sense of the word, why do we lower ourselves to the standards of those nations we so readily condemn? The myth of “humanitarian exceptionalism” in Canada not only spells disaster for the progress of human rights in Canada, it also demonstrates a lack of imagination and belief in the true humanitarian potential of our nation.

Works Cited


Ainsley, Julia Edwards. “Exclusive: Trump Administration Considering
Separating Women, Children at Mexico Border.” Reuters, Thomson
Reuters, 3 Mar. 2017, https://www.reuters.com/article/us-usa-immigration-children-idUSKBN16A2ES.

“Anti-Americanism.” The Canada Guide, 17 Nov. 2020, https://thecanadaguide.com/culture/anti-americanism/.


“Canada: Abuse, Discrimination in Immigration Detention.” Human Rights
Watch
, 20 July 2021, https://www.hrw.org/news/2021/06/17/canada-abuse-
discrimination-immigration-detention.


“Family Separation – a Timeline.” Southern Poverty Law Center, 23 Mar. 2022, https://www.splcenter.org/news/2022/03/23/family-separation-timeline#2017.

“Human Freedom Index 2022.” Fraser Institute, 26 Jan. 2023,
https://www.fraserinstitute.org/studies/human-freedom-index-2022#:~:tex
t=Selected%20jurisdictions%20rank%20as%20follows,)%2C%20China
%20(152)%2C.

Kopan, Tal. “DHS: 2,000 Children Separated from Parents at Border | CNN
Politics.” CNN, Cable News Network, 16 June 2018,
https://www.cnn.com/2018/06/15/politics/dhs-family-separation-numbers/
index.html.

Nguyen, Vinh and Thy Phu. Refugee States: Critical Refugee Studies in
Canada
. University of Toronto Press, 2021.

Inhibiting or Protecting? – Questioning the Politics of the Notwithstanding Clause

by Tia DeRuiter

In November of 2022, as negotiations over wages and contracts stalled with Ontario education workers, Premier Doug Ford elected to invoke Section 33 of Canada’s Charter of Rights and Freedoms (Zimonjic & Chevalier, 2022). Also known as the notwithstanding clause, this section of the Charter allows for parliamentary powers in Canada to negate other Charter rights when legislating, for a five-year period (Zimonjic & Chevalier, 2022). In addition, once utilized, this clause eliminates the potential for, and dismisses any objections to the legislation brought forth at the judicial level (Zimonjic & Chevalier, 2022). In Ford’s most recent use of Section 33, he sought to prevent the strike of educational workers, after bargaining with the Canadian Union of Public Employees (CUPE) failed to reach a mutual agreement (Zimonjic & Chevalier, 2022). By invoking this clause, Ford, in effect, restricted the right of peaceful assembly, as codified in Section 2 of the Charter (Government of Canada, n.d.b).

Originally intended to distribute power equally among the federal and provincial levels, in recent years, the use of the notwithstanding clause has been questioned by human and civil rights organizations in Canada (Zimonjic & Chevalier, 2022). Though this Section is meant to be invoked in challenging times, many provincial assemblies have begun to utilize this clause more frequently, and often not for its intended circumstances (Zimonjic & Chevalier, 2022). As this clause is ultimately a violation of the rights of Canadians, many scholars and activists have called for its abrogation, and identified its overuse by provincial parliaments (Serebrin, 2022; Zimonjic & Chevalier, 2022).

In Ontario, this clause has been called on three times by Doug Ford and his government, though was only enacted twice (Zimonjic & Chevalier, 2022). The first of which was in June of 2021, when Ford utilized Section 33 to limit election funding by third party sources, after his original implementation of the legislation was overruled by an Ontarian judge (Zimonjic & Chevalier, 2022). Though it was argued that this restriction of funding sought to eliminate outside influence in the provincial election, some argued it was ultimately a restriction of free speech (The Canadian Press, 2021).

Though Ford’s use of Section 33 is certainly troubling for the rights it restricts, it also is not the most blatant nor severe use of this policy to date. Many other provincial governments have utilized this clause to rescind Charter rights, such as the right to freedom of religion (Government of Canada, n.d.a). In 2019, the Government of Quebec passed the controversial and highly opposed Bill 21, that bans public employees from donning religious symbols while at work (Rukavina, 2022). Including hijabs, turbans, and any other religious wear, this bill, in effect, has targeted many of Quebec’s minority groups, and accordingly, has had horrific consequences (Rukavina, 2022). Not only has this legislation passed under the notwithstanding clause taken a large step backwards in religious and personal autonomy, but has, according to the Association for Canadian Studies, led to steep increases in hate speech and violence against these communities (Rukavina, 2022). Though in violation of fundamental rights guaranteed by the Charter, the Quebec government’s discriminatory and exclusive policy may persist with the protection Section 33 confers. Further, in 2000, the notwithstanding clause was also invoked in Alberta, to make changes to the province’s Marriage Act, and lay out a definition that saw marriage as an act that should only occur between a man and a woman (Mckay-Panos, 2018). Though not renewed after the clause’s five-year period, this too posed severe limitations on Albertan’s rights guaranteed by the Charter at that time (Mckay-Panos, 2018).

Though established with good intentions, the notwithstanding clause appears to have evolved as a weapon wielded by provincial governments to restrict the rights of Canadian citizens. Alongside concerns over the use of Section 33 comes calls to eliminate its existence from the Charter, for the injustices it has both enabled, and has the power to permit. Human and civil rights groups alike have begun these calls, such as the Canadian Civil Liberties Association, believing that this policy must be reversed to protect the very rights upon which the clause infringes (Zimonjic & Chevalier, 2022). While the repeal of this clause is highly improbable, it is nevertheless important to direct attention to, and call into question the invocation of a Charter section being used to inhibit rights, as opposed to protecting them. Ultimately, as Wherry elucidates, this clause allows the rights and freedoms of the majority to be dictated and controlled by the majority and those in power, which is contrary to the nature of the human rights Canada claims to defend (2022).

Works Cited

Government of Canada. (n.d.a). Section 2(a) – Freedom of religion. Government of Canada. https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2a.html

Government of Canada. (n.d.b). Section 2(c) – Freedom of peaceful assembly. Government of Canada. https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2c.html

Mckay-Panos, L. (2018, November 2). Effects of the notwithstanding clause on human rights. LawNow. https://www.lawnow.org/effects-of-the-notwithstanding-clause-on-human-rights/

Rukavina, S. (2022, August 4). New research shows Bill 21 having ‘devastating’ impact on religious minorities in Quebec. CBC. https://www.cbc.ca/news/canada/montreal/bill-21-impact-religious-minorities-survey-1.6541241

Serebrin, J. (2022, May 29). Quebec’s use of notwithstanding clause in language law opens constitutional debate. CBC. https://www.cbc.ca/news/canada/montreal/quebec-notwithstanding-clause-constitutional-debate-1.6470091

The Canadian Press. (2021, June 14). Ford government pushes through controversial election spending bill with notwithstanding clause. CBC. https://www.cbc.ca/news/canada/toronto/notwithstanding-clause-vote-ontario-1.6064952

Wherry, A. (2022, June 1). The case for making the notwithstanding clause politically awkward again. CBC. https://www.cbc.ca/news/politics/charter-rights-notwithstanding-clause-constitution-1.6472317#content

Zimonjic, P., & Chevalier, J. (2022, November 6). The notwithstanding clause – what it is, why it was used and what happens next. CBC. https://www.cbc.ca/news/politics/notwithstanding-clause-explained-ford-1.6641293

Canada’s Feminist Foreign Policy

By Laura Moldoveanu

Canada has had a nearly six-year commitment to feminist foreign policy, with the Feminist International Assistance Policy (FAIP) announced on June 9th, 2017 as a means of rendering Canada into a global leader in women’s empowerment. Though it is a somewhat overlooked and forgotten development, the FAIP substantiates the importance of women’s rights in the international system, thus warranting this article’s assessment of the policy’s context, intent, implementation, success, and issues.

In Canadian society, women face unique adversities to equality, including forced marriage, gender-based violence, fewer education opportunities, legal barriers to work, more familial responsibilities than men, and limited control over reproductive health (Global Affairs Canada, 2021). Essential to Canada’s FAIP is the belief that, by promoting gender equality, the nation may effectively decrease poverty rates. In theory, allowing women greater participation in the economy would increase economic growth in the targeted nation(s), thus concerning Canada as such an investment in assistance would enhance national prosperity. The FAIP was announced after a year of consultation with over fifteen thousand people in sixty-five countries, including several women’s rights groups (Lamensch, 2020). Furthermore, the policy referenced a 2015 plan to reduce poverty and build peace, entitled the “2030 Agenda for Sustainable Development.”

Six key areas of the policy include gender equality, human dignity, inclusive governance, climate action, peace and security, and “growth that works for everyone” (Global Affairs Canada, 2021). Gender equality involves a sexual violence initiative and engages with differing levels of government to deliver programs supporting women’s rights; human dignity pertains to health and education; governance stresses the importance of political participation; climate action covers loss of resources, such as clean drinking water and renewable energy; peace and security involves women in post-conflict nation-building and peace negotiations; lastly, growth engages with economic and ownership rights. Overall, it is clear that the policy covers a huge range of issues. In one sense, this is beneficial because the policy is not limited, however, it also indicates that the policy lacks a cohesive vision.

Implementation involves investment, innovation, and partnerships. Canada vowed to put fifteen percent of its bilateral international development assistance investments towards gender equality. The policy abandons Canada’s previous “countries-of-focus” approach that concentrated assistance on a small list of countries and, instead, involves a broader range of countries, with a focus on Sub-Saharan Africa. Involvement with multilateral groups such as the UN, G7, and G20—as well as the private sector, for financial assistance—is also a key part of the policy. Finally, civil society organizations such as women’s rights groups are expected to receive one hundred and fifty million dollars to develop programs to help promote gender equality (Global Affairs Canada, 2021).

Turning to real-world results, the official policy website boasts a list of success stories under the subheading “our policy in action.” From setting up community centres in Iraq refugee camps to clearing landmines out of Colombia, the policy seems to live up to its many goals in terms of both mission diversity and cross-global span.

With that being said, however, the policy must also be looked at through a more critical lens. There are contradictions and issues associated with Canadian foreign policy, and feminist foreign policy in particular. Scholars and policy analysts argue that the policy does not include definitions of gender or feminism, leaving out marginalized groups such as intersex or transgender persons (Tiessen, 2019), while also lacking inclusion of LGBTQ+ individuals who may face added discrimination beyond gender. Furthermore, the efficacy of the policy is inhibited by other Canadian foreign policy objectives; for example, while the FAIP promotes the empowerment of female peacekeepers, the Canadian government nonetheless continues in concurrently selling weapons to Saudi Arabia (Bouka, 2021). As for more technical problems, the policy has no clear measures of success or ways to monitor long-term impact.

So, is the policy just performative activism? Canada has made it clear that the government views women’s empowerment as an important area to focus on, with a long-term goal of reducing poverty around the world. With that being said, the current impact and efficacy of the FAIP is a mixed bag. In the coming years, perhaps a revaluation will be needed to judge whether the policy is making any substantial long-term impact on gender equality.

Works Cited

Bouka, Yolande, et al. “Is Canada’s Foreign Policy Really Feminist?” Network for Strategic Analysis , Network for Strategic Analysis , 7 Oct. 2021, https://ras-nsa.ca/publication/is-canadas-foreign-policy-really-feminist-analysis-and-recommend ations/.

“Canada’s Feminist International Assistance Policy.” Global Affairs Canada. Government of Canada, August 24, 2021. https://www.international.gc.ca/world-monde/issues_development-enjeux_developpement/priorit ies-priorites/policy-politique.aspx?lang=eng.

Lamensch, Marie. “Canada’s Feminist Foreign Policy.” The Canadian Encyclopedia. Historica Canada, July 31, 2020. https://www.thecanadianencyclopedia.ca/en/article/canada-s-feminist-foreign-policy.

Tiessen, Rebecca. “What’s New About Canada’s Feminist International Assistance Policy.” Canadian Global Affairs Institute, Canadian Global Affairs Institute , Dec. 2019, https://www.cgai.ca/whats_new_about_canadas_feminist_international_assistance_policy_the_ problem_and_possibilities_of_more_of_the_same.

Democracy Notwithstanding: Canada’s History of the Notwithstanding Clause and its Role in Human Rights

by Emma Celeste Thornley

Free Justice Statue photo and picture
Courtesy of William Cho via Pixabay

The Canadian Charter of Rights and Freedoms enshrines a number of individual rights considered to be essential to the preservation of human rights. Among these are freedom of religion, expression, and association; the right to life, liberty and security of the person; and freedom from unreasonable search, seizure and arbitrary detention. It is a common assumption that these rights and freedoms are absolutely inalienable and immutable. That assumption is wrong.

The notwithstanding clause, otherwise known as Section 33, was introduced to the Canadian Charter by Pierre Trudeau’s office; it was a concession to satisfy concerns that the Charter of Rights, as Trudeau’s office had initially drafted it, was “too powerful” (Zimonjic, 2022). The language of Section 33 holds that parliament, or the legislature of any given province, could temporarily disregard a provision of the Charter outlined in sections 2, or 7-15 (Government of Canada, 2022). There are, of course, limitations; any declaration made via the notwithstanding clause shall cease to be of effect five years after its implementation, though it can be renewed at the end of that 5-year term. At the time of the Charter’s drafting, Section 33 was intended as an escape-hatch (Zimonjic, 2022), evocative of the American “state’s-rights” model. The general understanding was that the notwithstanding clause ought to be a last resort, utilized only in the most unusual of circumstances. By its definition, the notwithstanding clause had the power to disrupt the execution of a number of fundamental Charter principles.

While this power may seem overwhelming on its face, the ability to disregard or supersede an established Charter right is not an unprecedented one. There is a process, called the Oakes Test, by which laws that limit a Charter right can be evaluated as justifiable or an overreach of power. It is a litigious procedure, arising from the Supreme Court of Canada’s ruling in R v Oakes.

This 1986 case saw the accused, Oakes, charged with possession for the purposes of trafficking after police caught Oakes with hashish oil and cash on his person. Oakes held that the drugs were his own and that he had no intent of selling them; yet, at the time, Section 8 of the Narcotics Control Act, under which he had been charged, held that anyone found with illegal drugs on them was presumed guilty of trafficking. This established a “reverse onus” in Oakes’ criminal trial. Rather than the burden being upon the state to prove his guilt beyond a reasonable doubt, Oakes had to prove his innocence (Centre for Constitutional Studies, 2019). Oakes and his lawyers challenged the constitutionality of this onus, claiming it violated his Section 11(d) Charter Right to the presumption of innocence until proven guilty. The Supreme Court agreed this right had been violated. The ultimate question, however, was whether the violation of this right was justifiable under Section 1 of the Charter: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

The SCC ultimately ruled that to determine if a law’s imposition on an established Charter right was justifiable, the imposition had to pass a series of tests: first, that the law under review has a goal which is both “pressing and substantial”. Second, that the law limits the right in question only in such a way as is rationally connected to the law’s purpose. Third, the law must minimally impair the right. Fourth, the imposition upon the right is proportional to the effect of the law (Centre for Constitutional Studies, 2019). The Oakes Test is consequentially an effective, consistent measure by which to test whether a law has justifiably infringed upon a Charter right.

The notwithstanding clause’s metric of measurement is nowhere near as comprehensive nor consistent. It is typically invoked when there is a controversial court ruling (McKenzie-Sutter, 2022) and it can, in theory, provide a sanctified avenue by which provincial governments can override federal authority should a federal government overstep their jurisdictional reach (Callaghan, 2021). Supporters of the notwithstanding clause have opined that “It’s entirely possible that a judicial body will make a judgment on rights that many find abhorrent. Under a system where they wield ultimate authority over the matter, there is little recourse to challenge that judgment. The recent decision by the United States Supreme Court to overturn Roe v. Wade is a stark example of this reality” (Callaghan 2021). While the notwithstanding clause is undoubtably conceptually admirable, its application has been controversial and, at times, in contradiction of Canadian citizens’ rights. Section 33 has been invoked some 26 times since its implementation. The majority of those invocations were tabled by Quebec. Most make it past initial invocation and into enactment. Some instances of particularly controversial uses of the notwithstanding clause in recent memory are Alberta’s 2000 case, Quebec’s 2019 case, and Ontario’s 2018, 2021 and 2022 cases.

In the first instance, Alberta invoked the notwithstanding clause in response to the federal government’s passing of Bill C-23 (CBC, 2012). Bill C-23 guaranteed same-sex couples the same benefits as heterosexual couples after a year of cohabitation. Alberta responded by passing Bill 202, which threatened to invoke the notwithstanding clause should Canada ever redefine marriage to anything other than a man and woman (CBC, 2012). The misuse of the notwithstanding clause is self-evident; the Supreme Court of Canada agreed, declaring Bill 202 and its threatened use of the notwithstanding clause ultra vires, or beyond legal authority, as of 2004 (S.C.R. 698, 2004).

In 2019, Quebec introduced the controversial Act Respecting the Laicity of the State, otherwise known as Bill 21. You may recall the furor that arose in the media after Quebec declared their intention to invoke the notwithstanding clause to support this act, which prohibited civil service employees and public teachers from wearing religious symbols, like kippahs, crosses and hijabs while working (Souissi, 2021). Quebec was successful in implementing the notwithstanding clause. Given the notwithstanding clause’s mandatory five year renewal, it may be overturned in the future; it will, regardlessly, impact the religious liberties of Quebec citizens in the meanwhile.

Ontario’s history with the notwithstanding clause is recent, and resultantly unique. In the province’s history, the notwithstanding clause has been utilized three times. First, in 2018, when the Ontario provincial government utilized Section 33 to reduce the number of wards in Toronto from 47 to 25. This reduction occurred alongside a municipal election, raising concerns that the Ford administration was severely infringing upon the democratic rights of voters (Ahmed, 2022). The second invocation occurred in 2021, when the Ford administration passed the Protecting Elections and Defending Democracy Act. In sum, the act prohibited third-party election advertising and advocacy during the election period, such as labour unions. The legislation was found to override the Charter, and was consequently struck down by Ontario Courts (Kelly, 2022). In response, Ford’s administration overrode the Court using the notwithstanding clause. More recently, Ford’s administration tabled the Keeping Students in Class Act, which utilized the notwithstanding clause to mandate striking teachers back to work. It was lambasted as an “unprecedented attack on workers’ rights” (Koskie Minsky LLP, 2022), and consequently revoked and deemed “never in force” (Legislative Assembly of Ontario, 2022).

In sum, the Charter of Rights and Freedoms is not the inflexible pillar it is sometimes perceived to be. In some instances, its “bending” is to the benefit of the citizenry. Section 33 could permit provincial governments to reject federal overreach, an insulation against oversteps by any prime minister’s administration. Yet like so many things, the notwithstanding clause can be invoked in ways that hinder, rather than uphold, basic rights. The “legalese” used to describe related governmental acts and resultant action can alienate most of us from the realities of what is being passed as law. That alienation may prevent us from realizing how, and when, Charter Rights and Freedoms are eroded without reasonable cause.

There is no question that we are privileged to live in a country like Canada. It is imperfect, and has a longstanding history of colonial violence, but it also has an established constitutional rights framework by which to challenge our own persisting human rights issues. Other nation-states do not necessarily have the same constitutional protections. Given our comparative privilege, it can be easy to forget that human rights are hard-won and, in some instances, easily lost. It is our civic duty to vigilantly monitor the ways in which our rights and freedoms as Canadians are in flux, to prevent government overreach at all levels. If the history of the notwithstanding clause can offer us any insights, it is that human rights are a constant practice, and not a milestone of democracy. We must constantly be mindful of how our rights adjust and flux, decade to decade, administration to administration.


Work Cited

Ahmed, H. (2022, August 8) Toronto v Ontario: Municipal Elections, Freedom of Expression, and Provincial Authority. Centre for Constitutional Studies. https://www.constitutionalstudies.ca/2022/08/toronto-v-ontario-municipal-elections-freedom-of-expression-and-provincialauthority/


Callaghan, G. (2022, July 6) In defence of the notwithstanding clause: Why Canada should hold onto it. The Conversation. https://theconversation.com/in-defence-of-the-notwithstandingclause-why-canada-should-hold-onto-it-186375

CBC (2012, January 12) TIMELINE: Same-sex rights in Canada. https://www.cbc.ca/news/canada/timeline-same-sex-rights-in-canada-1.1147516

Kelly, Y. (2022, March 21) Ontario’s Bill 307 does more to restrict democracy than protect it. York Region News. https://www.yorkregion.com/opinion-story/10591141-ontario-s-bill-307-does-more-to-restrict-democracy-than-protect-it/


Koskie Minksky LLP (2022) The Keeping Students in Class Act. https://www.lexology.com/library/detail.aspx?g=e7137110-7583-4533-9f18-468074bd55c1

Legislative Assembly of Ontario (2022) Bill 35, Keeping Students in Class Repeal Act, 2022. https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-35

McKenzie-Sutter, H. (2022, Oct 31) What is the notwithstanding clause? An explainer on the rarely used provision. CTV News. https://toronto.ctvnews.ca/what-is-the-notwithstandingclause-an-explainer-on-the-rarely-used-provision-1.613270

Reference re Same-Sex Marriage, [2004] 3 S.C.R. 698, 2004 SCC 79. https://scccsc.lexum.com/scc-csc/scc-csc/en/item/2196/index.do

Souissi, T. (2021, December 17) Bill 21 (An Act Respecting the Laicity of the State) The
Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/bill-21