Monday, October 06, 2025

Of Parliamentary Sovereignty and Notwithstanding Clauses

Something that has been bugging me ever since various conservatives started yammering about (ab)using the Notwithstanding Clause (S33) in the Charter has been the phrase "Parliamentary Sovereignty".  

Neither The Constitution Act, 1867 (The Constitution), nor The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK) (The Charter) make specific mention of the concept of Parliamentary Sovereignty.  This is important simply because it tells us that we are dealing with a legal convention, rather than a structure within Canada's constitutional laws.  That doesn't minimize the importance of it, but it tells us that the idea itself exists in practice rather than in writing. 

Of Parliamentary Sovereignty and Notwithstanding Clauses

Something that has been bugging me ever since various conservatives started yammering about (ab)using the Notwithstanding Clause (S33) in th...