Is Threatening To Use The Notwithstanding Clause Becoming The Norm?

TORONTO, Wednesday, Oct. 3, 2018 – On the heels of Ontario’s threat to use the notwithstanding clause, Quebec’s premier-designate François Legault is contemplating invoking it to ban the wearing of religious symbols by people in authority. Are governments in Canada beginning to ride the wave of populism we have seen in the U.S. and around the world? Is the notwithstanding clause at risk of becoming a common way for governments to override fundamental rights and freedoms to push through their agendas? Osgoode Hall Law School Professor Benjamin Berger, an expert in law and religion, the Canadian Charter of Rights and Freedoms, criminal and constitution law and theory, as well as the law of evidence, can speak to the matter. Berger can comment on: Freedom of religion, secularism and state neutrality, as they relate to this issue The history of the debate about the wearing of religious symbols in Quebec Use of the notwithstanding clause and recent events in Canada -30- York University champions new ways of thinking that drive teaching and research excellence. Our students receive the education they need to create big ideas that make an impact on the world. Meaningful and sometimes unexpected careers result from cross-disciplinary programming, innovative course design and diverse experiential learning opportunities. York students and graduates push limits, achieve goals and find solutions to the world’s most pressing social challenges, empowered by a strong community that opens minds. York U is an internationally recognized research university – our 11 faculties and 25 research centres have partnerships with 200+ leading universities worldwide. Located in Toronto, York is the third largest university in Canada, with a strong community of 53,000 students, 7,000 faculty and administrative staff, and more than 300,000 alumni. York U’s fully bilingual Glendon Campus is home to Southern Ontario’s Centre of Excellence for French Language and Bilingual Postsecondary Education. Media Contact: Janice Walls, York University Media Relations, 416-736-5543, wallsj@yorku.ca Gloria Suhasini, York University Media Relations, 416-736-2100, ext. 22094, suhasini@yorku.c