If you think the Supreme Court will be reluctant to rewrite the Constitution, as Ottawa wants it to by handcuffing Section 33, then you haven’t been paying attention, as Bruce Pardy tells Brian. It doesn’t matter that the notwithstanding clause explicitly gives parliaments the right to override certain court rulings, or that it was key to the Charter of Rights being passed in the first place, says Pardy, a constitutional scholar at Queen’s University. The rule of Canadian constitutional decisions is that there are no rules. For decades, justices have simply invented interpretations and dreamt up Charter “values” that align with their left-wing politics. And our constitution is conveniently designed to keep that happening — forever. (Recorded March 27, 2026) 

Learn more about your ad choices. Visit megaphone.fm/adchoices