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Rob Breakenridge: We should expect robust debate and scrutiny in using notwithstanding clause It would be cynical, perhaps, to wonder if there’s another agenda at play: the idea that the more other governments use the clause, the less exceptional Alberta’s usage appears

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05.11.2025

It would be cynical, perhaps, to wonder if there’s another agenda at play: the idea that the more other governments use the clause, the less exceptional Alberta’s usage appears

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In the aftermath of the Supreme Court of Canada’s narrow decision last week to strike down the one-year minimum sentence for possession of child pornography, Alberta’s premier was among the voices calling on the federal government to invoke the notwithstanding clause.

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And despite Ottawa’s apparent interest in limiting the use of the notwithstanding clause, this seems like the sort of situation where the federal government might actually consider using this power. Using the clause in response to a ruling such as this would make the exercise of this power much more palatable and, arguably, popular.

Smith called the........

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