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Decentralized Democracy

House Hansard - 157

44th Parl. 1st Sess.
February 9, 2023 10:00AM
Context: House Hansard - 157 - Feb/9/23
Mr. Martin Champoux
  • Feb/9/23 1:17:01 p.m.
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Madam Speaker, I will not comment on that specific matter. The fundamental issue is that it is up to the legislatures and to the Quebec National Assembly to determine the use of the notwithstanding clause. Later, if it needs to be contested, it can and will be. The right to invoke the notwithstanding clause also implies that we sometimes make mistakes, which is why the courts can get involved. As for the pre-emptive use of the notwithstanding clause, the 1988 Ford decision by the Supreme Court said that it could not be opposed. Honestly, the pre-emptive use is quite a bit cheaper for society than the obligation to defend or to challenge it using lawyers and thousands or millions of dollars to arrive at the same result.
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