000			01676naa a2200181uu 4500
001			8838
003			OSt
005			20190211154545.0
008			021202s2005 xx ||||gr |0|| 0 eng d
100	1		_aKAHANA, Tsvi _95381
245	1	0	_aThe notwithstanding mechanism and public discussion : _bLessons from the ignored practice of section 33 of the Charter
260			_c2001
520	3		_aMost Canadians believe that the notwithstanding clause, namely section 33 of the Charter of Rights and Freedoms, has been used only a few times in the past and that currently no legislations invoking section 33 is in force. This article reveals that the "notwithstanding mechanism" was actually used in sixteen different pieces of legislation ( in addition to its omnibus use by Quebec) and that seven acts invoking the mechanism are still in force. The article then argues that two main reasons for the lack of public response to these invocations of section 33 were that these uses were both invisible and inaccessible. They were invisible because they dealt with matters that were not on the public agnda and they were inaccessible because they dealt with complicated policy questions. The article concludes by contending that the notwithstanding mechaninsm should only be used in response to a Supreme Court decision and not prion to it. It is likely that a Supreme Court decision would have made these ignored uses of section 33 both more visible and more accessible and hence more noticeable
773	0	8	_tCanadian Public Administration _g44, 3, p. 255-291 _d, 2001 _w
942			_cS
998			_a20021202 _bCassio _cCassio
998			_a20060629 _b1654^b _cQuiteria
999			_aConvertido do Formato PHL _bPHL2MARC21 1.1 _c8983 _d8983
041			_aeng