xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil Waututh) / Vancouver, BC – BC Civil Liberties Association (BCCLA) has launched a new video “What the heck is the notwithstanding clause?” to educate people in Canada about section 33 of the Charter of Rights and Freedoms, more commonly known as the “notwithstanding clause.”
The notwithstanding clause essentially allows governments to pass laws that they know violate Charter rights. BCCLA does not support the inclusion of the notwithstanding clause in the Charter, nor any invocation of it. To BCCLA, the rights and freedoms guaranteed by the Charter are fundamental and inalienable.
The 9-minute video aims to raise awareness around the alarming and increasing trend of provincial governments invoking, or threatening to invoke, the clause to pass regressive laws that violate Charter rights. It’s part of a broader campaign – We’re not(with)standing for this: Charter Rights are ours to protect! – to mobilize the public against the use of the clause by asking them to sign a People’s Pledge.
Liza Hughes, BCCLA Executive Director says:
“In a world where political dissent is increasingly suppressed, democratic principles are diluted or cast aside, and civil liberties are under direct attack, Canada is no exception. With the notwithstanding clause, Canadian politicians wield a dangerous tool.
Right now, provincial leaders are using the notwithstanding clause to override Charter rights that they find inconvenient. Increasing polarization, fearmongering, and scapegoating of marginalized groups has led to a political climate that enables them to do this. But the rights under attack – equality rights, religious freedom, freedom of expression, and labour rights – belong to all of us.
BCCLA’s not here to ask for concessions or negotiate around the use of the clause. It’s time to show politicians that Charter rights are ours to protect. When we stand for rights and freedoms, we stand together.”
This project was made possible with generous financial support from the Canadian Bar Association Law for the Future Fund.