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Should Governments Have to Justify Overriding Canadians' Charter Rights?

Canada's federal government and five provincial premiers disagree over whether courts should have greater authority to examine how governments use the notwithstanding clause. Where should the balance lie?

1 votes · Closes May 13, 2027

About this poll

Canada's Charter of Rights and Freedoms protects fundamental rights and freedoms. However, the Constitution includes something called the notwithstanding clause (Section 33), which allows federal and provincial governments to pass certain laws even when they override some of those Charter rights.

This power can be used for up to five years at a time before it must be renewed.

Prime Minister Mark Carney's federal government argues that courts should be able to examine how governments use this power and whether constitutional limits have been exceeded.

Five provincial premiers disagree, arguing that elected governments should retain the authority granted to them under the Constitution.

The Supreme Court of Canada heard arguments in this dispute in March 2026. Its eventual decision could affect how governments across Canada use this power.

The question is: Should elected governments be able to override certain Charter rights without having to explain or defend that decision in court?

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