CBC: The groups challenging the pre-emptive use of the notwithstanding clause are using many creative legal arguments, but they’re realistic about the fact that those arguments might not work.
So they have a kind of backup plan to try to claim a consolation prize.
They want courts to be able to rule on the constitutionality of legislation where the clause has been invoked pre-emptively, even if those rulings would have no power to strike down legislation…
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