Last week’s attacks by Alberta’s criminal lawyers’ association on the UCP’s use of the section 33 notwithstanding power are inaccurate and self-serving. Contrary to their assertion that it is “a deep threat to democracy,” section 33 was included in the 1982 Charter of Rights precisely to defend democracy.

Section 33 ensures that “responsible governments” — governments elected by the people — have the final word on the meaning and scope of rights. It is the safeguard that prevents constitutional supremacy from devolving into judicial supremacy. It ensures that the rule of law does not become the rule of lawyers.

The Herald’s own coverage — that “the notwithstanding clause is an extraordinary function that allows a province to override Charter rights” is just as misleading. The debate in 1

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