Tom Engel
@tomengel7.bsky.social
Lawyer (criminal defence, civil rights), Past President Canadian Prison Law Association, Chair Criminal Trial Lawyers' Association's Policing Committee, North River Ranger, Lead Vocals UC Law Gastroelectric Kazoo Band
Reposted by Tom Engel
By using the notwithstanding clause pre-emptively - which, again, they *can* but *need not* do - the UCP is not simply admitting that their laws are breaching Charter rights and bypassing the courts.
They are further admitting that their laws cannot be justified in a free and democratic society.
They are further admitting that their laws cannot be justified in a free and democratic society.
November 6, 2025 at 3:45 PM
By using the notwithstanding clause pre-emptively - which, again, they *can* but *need not* do - the UCP is not simply admitting that their laws are breaching Charter rights and bypassing the courts.
They are further admitting that their laws cannot be justified in a free and democratic society.
They are further admitting that their laws cannot be justified in a free and democratic society.
Reposted by Tom Engel
Using the Lougheed Doctrine, governments should only invoke the Notwithstanding clause if they have exhausted all other options.
This includes a full-throated, public defense of their law as placing "reasonable limits... as can be demonstrably justified in a free and democratic society" (s1).
This includes a full-throated, public defense of their law as placing "reasonable limits... as can be demonstrably justified in a free and democratic society" (s1).
November 6, 2025 at 3:45 PM
Using the Lougheed Doctrine, governments should only invoke the Notwithstanding clause if they have exhausted all other options.
This includes a full-throated, public defense of their law as placing "reasonable limits... as can be demonstrably justified in a free and democratic society" (s1).
This includes a full-throated, public defense of their law as placing "reasonable limits... as can be demonstrably justified in a free and democratic society" (s1).