Overturning Ford

Research output: Article


In this paper, I will argue that the Supreme Court should overturn Ford v Quebec, its leading precedent on the interpretation of section 33 of the Charter of Rights and Freedoms. After briefly stating the core holding of Ford, I will argue that the Court’s rules about overturning precedent dictate that the case be overturned. I will then argue for a new interpretation of section 33 that places a burden of justification on a legislature invoking the notwithstanding clause. I will conclude by noting some implications of my arguments for section 52(1) of the Constitution Act, 1982 (the supremacy clause) and by answering some possible objections to my argument.
Original languageEnglish
Pages (from-to)21-32
Number of pages12
JournalConstitutional Forum
Issue number3
Publication statusPublished - Feb 9 2024

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