POLI 101 Lecture Notes - Lecture 28: Escape Clause
Document Summary
Section 28- male and female persons are treated equally. Section 7- was interpreted by the courts to keep the state out of a woman"s choices and her bodily autonomy. Provincial governments did not want the charter. Pierre trudeau really pushed for the charter. The provinces persuaded trudeau to put in a clause that would allow the provinces to write legislation that would bypass certain rules in the charter. Escape clause: section 33 notwithstanding clause only applies to section 2 and section. The provinces can only do this for 5 years, if they want to continue they have to implement the notwithstanding clause again (renew it) The provinces have to be really upfront about overriding the charter. Section 33 has never been used in a specific way that matters. Quebec as a matter of routine will write legislation and invoke section 33, but it has never made substantive difference in the legislation.
