A legal battle is underway over the notwithstanding clause, which allows governments to override “[certain] rights of Canadians” that are protected by the Charter of Rights and Freedoms. It’s a tool provincial governments have invoked often in recent years. But the federal government is bringing the dispute to the Supreme Court, asking it to consider new limits on the clause . Divisions over that legal review are breaking out, with five conservative premiers calling on Ottawa to back off . Globe columnist Andrew Coyne joins us to talk about the roots of this battle. He argues that there’s a deeper fight going on – that is not about the notwithstanding clause but rather, longstanding grievances with the Charter itself . Questions? Comments? Ideas? Email us at
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