s the resounding renouncement of the actions of the Government of Quebec in reaction to its utilization of s.33 . Here was an instance where the Supreme Court dealt explicitly with the override clause. It placed the first restriction on its use when it ruled that it could only be implemented prospectively and not used to invalidate existing legislation. While this ruling seems proper and legally sound, it hardly places sufficient restrictions of use of such an unwieldy tool of constitutional change. The difficulty most constitutional scholars have with respect to s.33 is the deference exhibited by the Supreme Court regarding its usage. Some have suggested s.1 might apply to the override clause allowing it to better reflect democratic ideals . Directly after its inception it was postulated that this might be an avenue for judicial review of override cases. Given the refusal of the Supreme Court to consider the proportionality of override usage to this point, sufficient precedent has been established to preclude such action in the future. Having now established the legal parameters of this issue it is now fair to summarize to current status of the override. It would seem that the argument in favour of s.33 and especially it usage is vulnerable. We have evidenced fundamental rights abrogated and documented absolute deference, perhaps appropriately, from The Supreme Court. The debate now switches to a more historical and philosophical realm. When the Constitution Act of 1982 was passed with the ensconced Charter of Rights and Freedoms Canada was altered from a system of parliamentary supremacy to one of constitutional supremacy. Although the inclusion of s.33 was an attempt to maintain the status quo, in both theory and practice, Canada is forever changed . Historically people have imbued the courts with respect not afforded their legislatures. Certainly their revulsion to the use of s.33 by Premier Bourassa to override freedom of expressio...
