r argument is simply that prior to 1982 these rights existed by mere statute, vulnerable to legislative majorities and the acquiescence of British parliament. At the very least the particular rights exempt from the scope of section 33 acquired increased protection. So it can be said that the Notwithstanding Clause facilitated the patriation of the constitution and thereby elevated the status of those rights not within s. 33 domain. The true value of this product of constitutional negotiation is to be seen in practice and in potential, not in patriation alone. There has been a dearth of charter cases utilizing s. 33. As a purely political act the Quebec government repealed and then reenacted all laws after having inserted the override section, thus insulating them from charter scrutiny. The Supreme Court upheld this omnibus application of s.33, and more important, interpreted a reference to the section or subsection of the charter instead of an explicit citation of the specific rights affected, as adequate. This “expressly declare” provision was seen as a catalyst for public debate, and the court’s apparent disregard for that consideration was seen as hampering the effectiveness of s.33. More relevant are the other two occasions when the override was utilized. In 1986 the government of Grant Devine, of Saskatchewan, invoked s.33 to shield back to work legislation affecting SGEU . An initial challenge to this action was abandoned by SGEU, therefore this particular case solicited no commentary from the Supreme Court or other sources on the parameters or conditions where override protection of legislation is warranted. What is telling is the muted reaction of the citizenry, media and fellow justice ministers to the invocation of the clause and the resulting denial of right to strike . If the use of the override by Saskatchewan was remarkable for the de facto consent it received from most quarters then equally remarkable wa...
