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When governments trample on our rights, the courts must be free to weigh in. Full stop

Tuesday, September 30th, 2025

Can courts still declare whether a law that’s subject to the notwithstanding clause is unconstitutional? Doing so would have no effect on the law’s operation as long as the notwithstanding clause applied, but as a judicial declaration, it would constitute an authoritative statement, alerting the press and general public to active government efforts to violate Canadians’ rights.

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