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Between Hak and UR Pride Centre: What the Normalization of the Notwithstanding Clause Might Mean for Democracy
Two cases from different provinces, Quebec and Saskatchewan, have reached opposite conclusions on the court’s jurisdiction to entertain judicial review once the notwithstanding clause has been invoked. In Hak v. Québec, the court’s jurisdiction is found to be ousted following invocation of the clause. In UR Pride Centre, the court determines that it may still pronounce on the rights infringement, though it cannot strike down the protected law.

With the use of the notwithstanding clause now effectively normalized and the question of the court’s jurisdiction uncertain, does democracy align more with one side or the other?