Overturning Ford

Abstract

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.