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Wednesday, October 1, 2025
Ross’s Ramblings: The nothwithstanding clause manages to flummox almost all Canadians
A hot-button topic of discussion in the news among those following Canadian politics closely, Ross Robinson attempts to find out what the notwithstanding clause is, as it's section 33 of the Canadian Charter of Rights and Freedoms. WIKIMEDIA COMMONS

Before I commence this week’s Ramblings, I will formally send condolences to the many friends and colleagues of former tireless Niagara Region politician Jim Bradley.

He passed away last Friday, and it would be trite to say, “after a life of public service.” He set many records for political longevity.

He recently said, “Our system of democracy is a true treasure, and I have always considered it as a great honour to be able to advocate for the needs and desires of our city, our region, and our province.”

Yes, our Canadian democracy is precious, but what the heck is the notwithstanding clause?

During my high school days in the 1960s, my political career peaked as prime minister of the student parliament at Sir Winston Churchill Secondary School in St. Catharines.

I learned a fair bit about the workings of our parliamentary democracy in Canada and have always tried to keep somewhat current as our wonderful nation progressed or digressed.

Our Canadian federalism has never been truly stable, but by many measures, we have done rather well when compared to the rest of the world.

Under the leadership of former prime minister Brian Mulroney way back in the 1980s, our politicians somehow developed the Meech Lake Accord. Translated into our other official language, L’Accord du Lac Meech.

It was central to the effort to recognize Quebec as a distinct society.

Debate raged, and I thought very wise Canadian Joseph Philippe Pierre Yves Elliott Trudeau stuck a pin in the arguments by saying, “What’s the big deal? If one side is unique and distinct, it follows academically that the other side is also unique and distinct.”

Not only was former prime minister Trudeau brave and handsome, but he also often seemed to be slightly intellectually ahead of the pack. In both official languages. And that is amazing!

Returning now to my question, let’s try to understand the notwithstanding clause, section 33 of the Charter of Rights and Freedoms. I admit ignorance, as philosophical political discussions have never really rattled my chain.

Earlier this week, I asked several NOTLers what they thought about this piece of Canadiana, which has recently been part of political discussions.

No one claimed to have a real understanding of the notwithstanding clause. Some folks claimed to “sort of” know what part it played in our parliamentary system of government, but it became clear there was no real knowledge. Or desire for knowledge.

Perhaps we tend to confuse political matters by also using words like heretofore, inasmuch and herewith and the long French gem, neanmoins — in English, nevertheless.

After considerable research, I deduced the notwithstanding clause gives our federal parliament and our provincial and territorial legislatures the power to override certain terms of our Charter of Rights and Freedoms for up to five years.

Earlier in this Ramblings, I admitted that understanding the recently regularly mentioned notwithstanding clause had never been a priority in my life.

As I am now writing this weekly column, the reasons become clearer and clearer. It’s pretty dry stuff. And not one person I tried to engage showed even the slightest spark of enthusiasm.

Perhaps some things are best left to our professional politicians, bureaucrats and academics.

I think any word containing over nine letters qualifies as a long word. There are 15 letters in the word notwithstanding. Enough said.

Notwithstanding this weak thought, can we agree that last weekend was an exhausting time to be a sports fan? Late September really had a lot of action, so I will just mention a few highlights.

Perhaps inspired by the recent successes of Vicky Mboko and Summer McIntosh, our world-class Canadian Women’s Rugby Team got to the finals of their recent World Championship tournament played in England. My goodness, over 80,000 tickets were sold for the final game at Twickenham. Who woulda thunk?

Then on Sunday, many Canadians were glued to television screens as the Blue Jays clinched. Add to this the Ryder Cup shenanigans and our neighbours, the Buffalo Bills doing so well …

Notwithstanding the normal NOTL focus of my weekly Ramblings, perhaps Canada’s parliamentary notwithstanding clause will generate a bit more interest.

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