Frontier Centre for Public Policy
Notwithstanding Clause Is Democracy’s Last Line Of Defence
From the Frontier Centre for Public Policy
Amid radical rulings like Cowichan, Section 33 remains a vital tool for protecting property rights, social and economic stability, and legislative sovereignty in Canada.
The Notwithstanding Clause reminds Canadians that voters, not judges, make the final call
Alberta Premier Danielle Smith recently invoked Section 33 of the Charter of Rights and Freedoms to end a teachers’ strike and prevent endless litigation. The Alberta Teachers’ Association and the provincial NDP have called it tyranny. But a government using lawful authority is not tyranny.
Section 33, known as the “Notwithstanding Clause,” is a constitutional safeguard. It allows legislatures to pass laws that override certain Charter rights for up to five years. It was built into the Charter deliberately to ensure that elected representatives, not judges, remain supreme on fundamental issues.
The modern Left despises this clause because it breaks their playbook. When they cannot win in Parliament, they turn to the courts. For 50 years, judges have helped them shift policy by interpreting rights creatively. Section 33 blocks that route. That is why they hate it.
They smear it as a tool of the far right. The facts say otherwise. Allan Blakeney, the Saskatchewan NDP premier, helped enshrine it in 1982. The Parti Québécois, under René Lévesque, at the time the most leftist government in Canada, made heavy use of it. They understood something their successors pretend to forget: democracy rests with voters, not with the judiciary, with all due respect to the judiciary.
Blakeney and Alberta’s Peter Lougheed saw the danger. Federally appointed judges, immune from electoral consequence, could render decisions that uproot regional jurisdiction. Section 33 was the firewall. It recognized that while courts serve justice, legislatures serve people.
Two recent rulings show why that firewall matters. First, the Supreme Court struck down mandatory minimum sentences for child pornography in a 5-4 ruling.
Weeks earlier, in August 2025, Justice Barbara Young of the B.C. Supreme Court ruled that the Cowichan Tribes held unextinguished Aboriginal title to nearly 2,000 acres in Richmond, B.C. That land includes homes, businesses, public utilities and Crown land. The court declared Indigenous title overrides existing property rights, even without treaties or compensation.
The ruling makes every deed in that area, many of which were granted by the Crown over a century ago, subject to Justice Young’s retroactive reinterpretation. Your mortgage may rest on land you no longer legally own. Your lease may be invalid. Your development project unsellable. This is not a theory. It is a ruling.
No economy can function under such uncertainty. Property rights are foundational to free markets. If land ownership depends on a judge’s view of historical use, markets freeze. Banks will not lend. Builders will not build. The Cowichan decision casts a shadow over every titled parcel in British Columbia. Its precedent will not stay local.
B.C. Premier David Eby has chosen to appeal but that will take years. Meanwhile, risk deepens. Capital flees from uncertainty. No investor waits patiently while the Supreme Court ponders first principles.
This is the moment Section 33 was designed for. Its use would freeze the legal effect of Cowichan while legislatures restore order. If the prime minister will not act, others must. Premiers should signal now that property rights will be upheld. If not, the chaos of one courtroom may become a national affliction.
The Cowichan ruling, for all its disruption, may be a clarifying gift. It shows Canadians what radical judicial overreach looks like. Even those who trust the courts may now see why elected governments need the power to say: enough.
Blakeney put it plainly: “What matters is who makes the choices. I would be happy if legislatures gave courts all the deference, as long as legislatures were free to make the major governmental decisions.”
That freedom must now be used. Section 33 is not an act of aggression. It is the return of decision-making to where it belongs. In the aftermath of Cowichan, the country cannot wait years while property confidence erodes.
Section 33 is the remedy.
Marco Navarro-Genie is vice-president of research at the Frontier Centre for Public Policy and co-author, with Barry Cooper, of Canada’s COVID: The Story of a Pandemic Moral Panic (2023).
Automotive
Canada’s EV Mandate Is Running On Empty
From the Frontier Centre for Public Policy
At what point does Ottawa admit its EV plan isn’t working?
Electric vehicles produce more pollution than the gas-powered cars they’re replacing.
This revelation, emerging from life-cycle and supply chain audits, exposes the false claim behind Ottawa’s more than $50 billion experiment. A Volvo study found that manufacturing an EV generates 70 per cent more emissions than building a comparable conventional vehicle because battery production is energy-intensive and often powered by coal in countries such as China. Depending on the electricity grid, it can take years or never for an EV to offset that initial carbon debt.
Prime Minister Mark Carney paused the federal electric vehicle (EV) mandate for 2026 due to public pressure and corporate failures while keeping the 2030 and 2035 targets. The mandate requires 20 per cent of new vehicles sold in 2026 to be zero-emission, rising to 60 per cent in 2030 and 100 per cent in 2035. Carney inherited this policy crisis but is reluctant to abandon it.
Industry failures and Trump tariffs forced Ottawa’s hand. Northvolt received $240 million in federal subsidies for a Quebec battery plant before filing for bankruptcy. Lion Electric burned through $100 million before announcing layoffs. Arrival, a U.K.-based electric van and bus manufacturer, collapsed entirely. Stellantis and LG Energy Solution extracted $15 billion for Windsor. Volkswagen secured $13 billion for St. Thomas.
The federal government committed more than $50 billion in subsidies and tax credits to prop up Canada’s EV industry. Ottawa defended these payouts as necessary to match the U.S. Inflation Reduction Act, which offers major incentives for EV and battery manufacturing. That is twice Manitoba’s annual operating budget. Every Manitoban could have had a two-year tax holiday with the public money Ottawa wasted on EVs.
Even with incentives, EVs reached only 15 per cent of new vehicle sales in 2024, far short of the mandated levels for 2026 and 2030. When federal subsidies ended in January 2025, sales collapsed to nine per cent, revealing the true level of consumer demand. Dealer lots overflowed with unsold inventory. EV sales also slowed in the U.S. and Europe in 2024, showing that cooling demand is a broader trend.
As economist Friedrich Hayek observed, “The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design.” Politicians and bureaucrats cannot know what millions of Canadians know about their own needs. When federal ministers mandate which vehicles Canadians must buy and which companies deserve billions, they substitute the judgment of a few hundred officials for the collective wisdom of an entire market.
Bureaucrats draft regulations that determine the vehicles Canadians must purchase years from now, as if they can predict technology and consumer preferences better than markets.
Green ideology provided perfect cover. Invoke a climate emergency and fiscal responsibility vanishes. Question more than $50 billion in subsidies and you are labelled a climate denier. Point out the environmental costs of battery production, and you are accused of spreading misinformation.
History repeatedly teaches that central planning always fails. Soviet five-year plans, Venezuela’s resource nationalization and Britain’s industrial policy failures all show the same pattern. Every attempt to run economies from political offices ends in misallocation, waste and outcomes opposite to those promised. Concentrated political power cannot ever match the intelligence of free markets responding to real prices and constraints.
Markets collect information that no central planner can access. Prices signal scarcity and value. Profits and losses reward accuracy and punish error. When governments override these mechanisms with mandates and subsidies, they impair the information system that enables rational economic decisions.
The EV mandate forced a technological shift and failed. Billions in subsidies went to failing companies. Taxpayers absorbed losses while corporations walked away. Workers lost their jobs.
Canada needs a full repeal of the EV mandate and a retreat from PMO planners directing market decisions. The law must be struck, not paused. The contrived 2030 and 2035 targets must be abandoned.
Markets, not cabinet ministers, must determine what technologies Canadians choose.
Marco Navarro-Genie is vice-president of research at the Frontier Centre for Public Policy and co-author, with Barry Cooper, of Canada’s COVID: The Story of a Pandemic Moral Panic (2023).
Censorship Industrial Complex
A Democracy That Can’t Take A Joke Won’t Tolerate Dissent
From the Frontier Centre for Public Policy
By Collin May
Targeting comedians is a sign of political insecurity
A democracy that fears its comedians is a democracy in trouble. That truth landed hard when Graham Linehan, the Irish writer behind Father Ted and The IT Crowd, stepped off a plane at Heathrow on Sept. 1, 2025, and was met by five London Metropolitan Police officers ready to arrest him for three posts on X.
Returning to the UK from Arizona, he was taken into custody on the charge of “suspicion of inciting violence”, an allegation levelled with increasing ease in an age wary of offence. His actual “crime” amounted to three posts, the most contentious being a joke about trans-identified men in exclusively female spaces and a suggestion that violated women respond with a swift blow to a very sensitive part of the male’s not-yet-physically-transitioned anatomy.
The reaction to Linehan’s arrest, from J.K. Rowling to a wide array of commentators, was unqualified condemnation. Many wondered whether free speech had become a museum piece in the UK. Asked about the incident, British Prime Minister Keir Starmer defended his country’s reputation for free expression but declined to address the arrest itself.
Canada has faced its own pressures on comedic expression. In 2022, comedian Mike Ward saw a 12-year legal saga end when the Supreme Court of Canada ruled five-to-four that the Quebec Human Rights Commission had no jurisdiction to hear a complaint about comments Ward made regarding a disabled Quebec boy. The ruling confirmed that human rights bodies cannot police artistic expression when no discrimination in services or employment has occurred. In that case, comic licence survived narrowly.
These cases reveal a broader trend. Governments and institutions increasingly frame comedy as a risk rather than a social pressure valve. In an environment fixated on avoiding perceived harm, humour becomes an easy and symbolic target. Linehan’s arrest underscores the fragility of free speech, especially in comedic form, in countries that claim to value democratic openness.
Comedy has long occupied an unusual place in public life. One of its earliest literary appearances is in Homer’s Iliad. A common soldier, Thersites, is ugly, sharp-tongued and irreverent. He speaks with a freedom others will not risk, mocking Agamemnon and voicing the frustrations of rank-and-file soldiers. He represents the instinct to puncture pretension. In this sense, comedy and philosophy share a willingness to speak uncomfortable truths that power prefers to avoid.
Aristotle, in his Poetics, noted that tragedy imitates noble actions and depicts people who are to be taken seriously. Comedy, by contrast, imitates those who appear inferior. Yet this lowly status is precisely what gives comedy its political usefulness. It allows performers to say what respectable voices cannot, revealing hypocrisies that formal discourse leaves untouched.
In the Iliad, Thersites does not escape punishment. Odysseus, striving to restore order, strikes him with Agamemnon’s staff, and the soldiers laugh as Thersites is silenced. The scene captures a familiar dynamic. Comedy can expose authority’s flaws, but authority often responds by asserting its dominance. The details shift across history, but the pattern endures.
Modern democracies are showing similar impatience. Comedy provides a way to question conventions without inviting formal conflict. When governments treat jokes as misconduct, they are not protecting the public from harm. They are signalling discomfort with scrutiny. Confident systems do not fear irreverence; insecure ones do.
The growing targeting of comedians matters because it reflects a shift toward institutions that view dissent, even in comedic form, as a liability. Such an approach narrows the space for open dialogue and misunderstands comedy’s role in democratic life. A society confident in itself tolerates mockery because it trusts its citizens to distinguish humour from harm.
In October, the British Crown Prosecution Service announced it would not pursue charges against Linehan. The London Metropolitan Police Service also said it would stop recording “non-crime hate incidents”, a controversial category used to document allegations of hateful behaviour even when no law has been broken. These reversals are welcome, but they do not erase the deeper unease that allowed the arrest to happen.
Comedy survives, but its environment is shifting. In an era where leaders are quick to adopt moral language while avoiding meaningful accountability, humour becomes more necessary, not less. It remains one of the few public tools capable of exposing the distance between political rhetoric and reality.
The danger is that in places where Agamemnon’s folly, leadership driven by pride and insecurity, takes root, those who speak uncomfortable truths may find themselves facing not symbolic correction but formal sanctions. A democracy that begins by targeting its jesters rarely stops there.
Collin May is a Senior Fellow with the Frontier Centre for Public Policy, a lawyer, and Adjunct Lecturer in Community Health Sciences at the University of Calgary, with degrees in law (Dalhousie University), a Masters in Theological Studies (Harvard) and a Diplome d’etudes approfondies (Ecole des hautes etudes, Paris).
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