Should judges be able to review a legislatures invocation

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Problem: It is conventional wisdom that s. 33, the notwithstanding clause, is rarely used by governments. However, there has been a noticeable uptick in s. 33 usage, with every provincial legislature invoking it at least once in the past three years, for a range of policy issues. Given the seeming lack of restraint in using s. 33, should additional conditions be placed on the use of s. 33? For instance, should judges be able to review a legislature's invocation of s. 33?

Reference no: EM133641227

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