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and of course the notwithstanding clause is a provision in the Charter of Rights that enables the government to declare that a particular law is not subject to certain rights in the Charter how do I know that I spoke to someone a lot smarter than me University of Windsor Law Professor Richard moon brought the topic down to earth for people like myself who are more likely to call a lawyer than become one take it away Richard government doesnt have to justify the use of it it simply is an option the government can exercise it was introduced initially as a compromise when a number of provincial premiers were worried that giving judges the power to strike down democratically elected laws would give them too much power I dont think theres any way assess or determine when its appropriate to use it or not I think routine use of it would be troubling as usual a bit of a mixed bag online today as some defended premier Ford and others accused him of floating the democratic process Brett says