this post was submitted on 06 Sep 2023
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What is the current status of the Canadian constitution? (lemmy.ca)
submitted 1 year ago by [email protected] to c/[email protected]
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Is it purely advisory or does it have some teeth? Have their been any cases where the constitution has affected the outcome of a court decision?

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[–] [email protected] 2 points 1 year ago (2 children)

That doesn't sound so temporary. Also not sure what freedom of speech has to do with freedom to spend money. I got a bit lost there.

However it does seem to explain how it was overruled during the Ottawa protests.

[–] [email protected] 1 points 1 year ago

The notwithstanding clause has to get renewed every 5 years, that's the temporary part.

Regarding speech and money, the idea the US Supreme Court has is that restrictions on buying advertising to support a candidate during an election is a restriction on speech. I'd agree that the link is somewhat tenuous.

[–] [email protected] 1 points 1 year ago

Essentially, Canadians have no inherent or inalienable rights.