BartSimpson BartSimpson:
I suppose we should add a 'notwithstanding clause' to our Constitution to render our rights into government-sanctioned revocable privileges like what you have, eh?
The "notwithstanding clause" is a very Canadian form of compromise. It shifts power away from the courts and towards the elected government, but, if you do that, you have to hit the big red mushroom button called the "notwithstanding clause"
I don't think it would fly in the US. I understand that they have drinking driver roadblocks in the US, as they do in Canada. These are unconstitutional (arrest with no probable cause). In order to make them constitutional, the Supreme Court had to do a big song and dance--they said that while they infringe the consitution, stopping drinking and driving is important, so roadblocks were consitutional. I'm ot arguing for or against roadblocks to catch drunks, I'm just saying that is an obvious example of where teh Constitution was more or less ignored.
We have random roadblocks in Canada as well, and theya re just as un-Constitutional, but, to my knoweldge we haven't invoked the "notwithstanding clause." Just the same sort of mealy-mouthed legal argument that, while it may be a violation of basic rights, it's more important to get drunks off the road. I accept the argument--but I think they should invoke the notwithstanding clause.