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National Post
National Post
24 Jul 2024


NextImg:Stéphane Sérafin: Legal activists put the 'notwithstanding clause' at risk

On Friday, the Supreme Court of Canada released a shocking judgment by which it effectively granted itself ultimate authority over the legislative process in this country. Handed down in Canada (Attorney General) v. Power, a majority of judges held against the court’s own precedent that a plaintiff could claim damages for breach of a Charter right simply because Parliament or a provincial legislature had enacted a law that the court has now found to be unconstitutional.