HeyJaredCandice Telfer
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- Sep 5, 2026
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Opinion: To understand the notwithstanding clause, you need to understand the entire Charter (opens the original)
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Candice Telfer is a partner at Aird & Berlis LLP and the leader of the firm’s Indigenous Practice Group. Since the Canadian Charter of Rights and Freedoms came into force in 1982, Canadians have, from time to time, picked up the continuing debate about its perhaps most controversial provision: Section 33, otherwise known as the notwithstanding clause. This usually happens when a government (usually provincial) threatens, or in more recent years invokes, the notwithstanding clause to pass legisla
Globe editorial: The rule of law means no law is above review (opens the original)
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The Supreme Court of Canada issued a landmark ruling on July 30 that struck a blow for a democratic principle that has come under pressure of late: the rule of law. Executive overreach, the politicization of courts and – especially relevant in the decision – a decline in checks on government power have been contributing to what the non-profit organization The World Justice Project has dubbed a worldwide “rule of law recession.” In Democracy Watch v. Canada, the country’s top court has reasserted
B.C. boat linked to fatal sinking is ordered detained (opens the original)
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Transport Canada has ordered the detention of a boat operated by a British Columbia fishing charter operation whose other vessel sank last month, leaving one person dead and six others missing and presumed drowned. The order, dated Thursday, was displayed on the window of the 11-metre boat operated by Top Vancouver Fishing Charter, whose nine-metre sister vessel went down in the Strait of Georgia near Vancouver on June 28. The order said the vessel was being detained for violations or safety def
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