Nearly three years ago, I wrote here that the use of s. 33 in Ontario constituted “UnChartered waters.”
Given the successful appeal in that case, the use of the clause ultimately wasn’t necessary. However, I was fortunate to appear as an intervener before the Court to note that the potential use of the notwithstanding clause would presumably emerge in circumstances that were clearly pressing and substantial, and asked the Court to carefully scrutinize any such rationale as a result. That decision is still pending.
Perhaps because the case involved the elections of a single city (albeit the largest in Canada, . . . [more]