Who Has the Final Say in Canada -- Judges or Voters?

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Talk Truth

Who Has the Final Say in Canada -- Judges or Voters?

Society & Culture


Talk Truth 09.22.26 - John Carpay | What happens when a Canadian court strikes down a law but an elected government refuses to accept the result? John Carpay, president and founder of the Justice Centre for Constitutional Freedoms, explains Section 33 of the Charter — the notwithstanding clause — why it was included in Canada’s Constitution and why he believes it is an important check on judicial power. Carpay discusses how Quebec, Ontario and Alberta have used the clause, its five-year limit, the debate surrounding Quebec’s Bill 21, and the broader question of who should ultimately shape Canadian law: elected legislatures or the courts.


00:00 - Introduction

01:04 - Guest comes in: John Carpay

02:02 - What is the notwithstanding clause?

04:36 - Why Section 33 became controversial

06:47 - Why Carpay says it matters now

08:06 - A check on judicial power

09:49 - The five-year limit

10:29 - How provinces have used Section 33

13:38 - What is “juristocracy”?

15:56 - Why Section 33 was added to the Charter

18:41 - What Section 33 cannot do

19:40 - The Supreme Court and Bill 21

22:30 - Where to find Carpay’s report

24:48 - Psalm 24 and devotional

27:01 - Living in Truth