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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 doesnamp;#39;t 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 donamp;#39;t think thereamp;#39;s any way assess or determine when itamp;#39;s 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 t