‘Notwithstanding clause’ more commonplace—even ‘normalized’—and may be least-worst option to ensure legislative authority
Has the Notwithstanding Clause Become Less Controversial?
By Fraser Institute —— Bio and Archives--October 30, 2025
Canadian News, Opinion | Comments | Back To Full Article
VANCOUVER—It’s becoming more commonplace for provincial governments to consider and use the “notwithstanding clause,” finds a new essay published today by the Fraser Institute, an independent, non-partisan Canadian public policy think-tank.
“Essentially, the notwithstanding clause has become more normalized as provincial governments see it as a legitimate option when governing,” said Lydia Miljan, professor of political science at the University of Windsor, senior fellow at the Fraser Institute and author of Has the Notwithstanding Clause Become Less Controversial?
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