#charter-rights

#charter-rights

In recent years, provincial parliaments in Canada have increasingly used a legal mechanism known as the notwithstanding clause to suspend the constitutionally protected rights of Canadians. Often, legislation passed by invoking the clause has targeted the rights of various minority communities, such as transgender people or religious minorities. Traditionally, the only check on the clause's use has been the threat of public disapproval and controversy.

Superior Court Justice Clayton Conlan says in his ruling that Joseph Richard Whitlock, Kulvir Singh Bhatia and Karn Veer Sandhu were subjected to "torturous state actions" at the Maplehurst Correctional Complex in December 2023. The ruling says a crisis intervention team at the facility responded to an inmate's assault on a correctional officer by conducting strip searches of all inmates in Unit 8, including the three accused men, and placing zip ties on their wrists.

The Canadian Union of Postal Workers (CUPW) argued that using Section 107 to force an end to the strike was unconstitutional, and questioned whether striking workers' Charter rights had been violated. In a hearing decision, the CIRB found the right to strike is essential but not absolute. The board ultimately concluded that use of Section 107 does not violate the Charter. The board also found it does not have the authority to review the minister's direction to suspend the workers' right to strike.