Lecture: Notwithstanding Rights, Review, or Remedy? w/ Professor Gregoire Webber
The Canadian Charter’s notwithstanding clause (section 33) makes exception to something, but what is that something?
Received readings of the notwithstanding clause assume that it makes exception to rights or to judicial review. In this lecture, however, Professor Gregoire Webber (Queen's Law) argues that the clause makes exception to the remedy that follows from a finding that legislation is inconsistent with targeted rights and freedoms.