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Chris Selley: The notwithstanding clause is the bulwark against a Canadian 'Trump moment'

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24.03.2026

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Chris Selley: The notwithstanding clause is the bulwark against a Canadian 'Trump moment'

The legal arguments against Section 33 are desperately bad. The practical arguments are worse

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Some things, thankfully, even in 2026, have nothing to do with President Donald J. Trump. One of them is Bill 21, Quebec’s law barring certain civil servants — notably teachers — from wearing religious symbols like hijabs, turbans, kippahs and (in theory) crucifixes on the job.

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And yet there was The Donald, on Monday, horning in on the long-awaited appeal of the law before the Supreme Court of Canada.

Chris Selley: The notwithstanding clause is the bulwark against a Canadian 'Trump moment' Back to video

Frédéric Bérard, a prominent Quebec lawyer, Université de Montréal law professor and media commentator, argued it was “easier than ever to invoke the notwithstanding clause” here in Canada. And he linked it to what was going on in other countries, including the one directly south of us.

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