One of the most important constitutional cases in a generation is about to reach the Supreme Court of Canada. At the centre of the case is Quebec’s controversial secularism law, Bill 21, and the most debated provision of the Canadian Charter of Rights and Freedoms: section 33, the notwithstanding clause.
In Section 33 on Trial, constitutional lawyer Christine Van Geyn provides a clear and accessible guide to the legal battle that will shape the future of constitutional rights in Canada.
The case raises profound questions about the structure of Canadian democracy:
Can governments invoke the notwithstanding clause before courts rule on constitutionality?
Do courts retain the power to review and declare rights violations after section 33 is invoked?
Are there substantive limits on how legislatures may use the clause?
And ultimately: who has the final word in a constitutional democracy—courts or elected legislatures?
Drawing on the history of the Charter, the landmark Ford v. Quebec decision, and the arguments now before the Supreme Court, this book explains the legal, historical, and philosophical debates surrounding section 33.
Whether you are a lawyer, journalist, student, or simply someone trying to understand the constitutional controversy dominating Canadian politics, Section 33 on Trial provides the essential roadmap to the Bill 21 litigation—and to the future of the notwithstanding clause itself.
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