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“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

If the Canadian A-G's view prevails, it will be the judiciary, and the not the legislature, that has the final word in rights interpretation.

Recent weeks have seen myriad commentators wonder if Canada’s elbows are “down” with respect to U.S. President Donald Trump’s provocations. Significant sympathy must be given to Prime Minister Mark Carney here in dealing with an unpredictable narcissist. Figuring out the best strategy is a mug’s game. 

But no one should doubt that the PM does not want Canada to become America.

Recent weeks have also seen immense scrutiny of Attorney General Sean Fraser’s written argument against the notwithstanding clause in the case English Montreal School Board v Attorney General of Quebec. This is continuing to prompt outrage from provincial political leaders and constitutional law scholars (particularly those in Quebec and western Canada), who assert that the argument advanced by Fraser risks destroying a constitutional settlement and provoking a national unity crisis. This in turn has led to commentary (notably from Andrew Coyne), countering these commentators.

What perhaps is under-appreciated in all of this, however, is the extent to which Fraser is arguing for an incredibly American conception of judicial power ...

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