The Canadian Charter’s Notwithstanding Clause as an Institutionalized Mechanism of Court Curbing

Recent interest in the use of section 33 of the Canadian Charter of Rights and Freedoms has renewed political and scholarly attention to this unique device of constitutional politics. The notwithstanding clause is notable for being an opt-out clause exclusively available for government use, positioning it above the courts on key areas of rights. This article argues that the notwithstanding clause can be understood properly as an …