In Canada, if a government really wants to, it can take away many of the rights guaranteed by the Charter of Rights and Freedoms. If a provincial government is willing to risk the potential blowback, it can use Section 33 of the charter, the notwithstanding clause, which allows a government to temporarily override some of its protections and freedoms. And while once quite taboo, the notwithstanding clause is being increasingly, and controversially, used as a legislative tool by provinces like Ontario and Quebec.

Last week, Ontario Premier Doug Ford tried to take away education workers' right to strike by invoking the clause. Then, on Monday, the union agreed to return to work after Ford promised to repeal the legislation that had imposed a four-year contract on it.

Today on Front Burner, John Michael McGrath, writer and columnist at TVO.org and the co-host of the TVO podcast #Onpoli, explains why the notwithstanding clause exists and why critics argue it's being misused.