Bruce Pardy: Notwithstanding the Charter, Neither Legislatures nor Courts Protect Individual Liberties in Canada

10/31/2025|Updated: 10/31/2025

Commentary

In September, the federal government urged the Supreme Court of Canada to protect rights by limiting the use of the Charter’s “notwithstanding clause.” Two days later, it introduced Bill C-9, the “Combatting Hate Act,” which will infringe upon free speech. The bill does not invoke the notwithstanding clause. It does not need to. The Supreme Court has already done the dirty work by declaring, years ago, that prohibiting “hate speech” is constitutional.

Bruce Pardy is executive director of Rights Probe and professor of law at Queen’s University.