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notwwithstanding clause

n rights more galvanized this sentiment. However, in this act lies the genesis of the case in favour of s.33. This singular legislative act so offended the democratic sensibilities of Anglo Canadians that it resonates still with the electorate and influences government policy, to the extent that when Quebec’s sign law was renewed it was passed without using the Notwithstanding clause, falling within appropriate restrictions on expression. Undoubtedly Quebec is very sensitive to its international reputation and eager to be recognized as a legitimate liberal democratic entity, which acts as an artificial restraint on use of the override . The stressor of peer pressure and international regard also factor in discouraging the other Premiers from impulsive use of s.33. Simply stated, the perceived legitimacy of the courts, in terms of rights protection discourages legislatures from disregarding court decisions. A stark example where another artificial constraint was placed on an inappropriate legislative appetite was in Alberta. The citizens of Alberta issued Premier Ralph Klein an unequivocal rebuke after learning of his intention to limit compensation to sterilization victims . This reaction motivated the Alberta government to extensive policy research on when the invocation of the Notwithstanding clause would be appropriate. The most temping occasion was in response to an expected affirmation of gay rights by The Supreme Court. Perhaps surprisingly, given Alberta’s traditionally conservative nature, the respondents never supported by majority the use of s.33 to override the rights of gays, even in the most controversial circumstances. This was undoubtedly compelling enough to inspire legislation prohibiting the use of s.33 unless a majority affirmed its use in a referendum, followed by majority support in the Alberta legislature . Here is an example of the beneficial construct from this charter’s unique dynamic. The Supr...

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