Monthly Archives: September 2018

Lawyers Despise the Notwithstanding Clause – Which Shows Why It Is Good


Marie Henein, probably now the most famous and prominent defence attorney in Canada, has written an open letter to Premier Ford in The Globe and Mail which corroborates the argument that I put forward here on Parliamentum yesterday: the Notwithstanding … Continue reading

Posted in Constitution (Written), Notwithstanding Clause | 5 Comments

Some Parts of the Constitution Are More Constitutional Than Others


Introduction The constitution cannot be unconstitutional. It follows therefore that one part of the constitution cannot be used to strike down or nullify another part of the constitution. This tautology, fittingly, sounds very obvious and simple – yet it still … Continue reading

Posted in Amending Formulas, Constitution (Conventional), Constitution (Written), Notwithstanding Clause | 1 Comment

Politicos No Longer Give the Fixed-Date Elections Law a Second Thought


Robin Sears, a New Democrat now of the Earnscliffe Strategy Group and a look-alike of Franklin D. Roosevelt, has joined with Susan Delacourt, Chantal Hebert, and Andrew Coyne in musing about or overtly calling for an early dissolution and snap … Continue reading

Posted in Dissolution, Fixed-Date Elections | Leave a comment