Canada Is Built on a Clause That Nobody Is Supposed to Use. What Happens Now That Everyone Is Using It?

April 7, 2026·43 min·4 clips

Lawyer Pearl Eliades reveals the notwithstanding clause can disappear your right to be free from torture or a fair trial.

The episode opens with host Noor Azria introducing the Supreme Court hearing on Quebec's Bill 21 as a major test of the notwithstanding clause. She interviews Pearl Eliades, a lawyer and author, who explains the stakes: the case could redefine how Section 33 of the Constitution is used. Eliades details the history of Bill 21, tracing it back to Quebec's Quiet Revolution and its shift away from Catholic influence. She describes the legal journey of the bill through Quebec courts to the Supreme Court. The conversation covers the parties involved in the hearing, including individual plaintiffs, religious organizations, and government interveners like the federal government and other provinces. Eliades argues that the notwithstanding clause isn't just about religious symbols; it can override rights like freedom from torture and fair trials. She discusses the possibility of the court issuing a declaratory ruling that criticizes the law without striking it down. The host then transitions to an update on immigration law with reporter Sam Connert. He interviews immigration lawyer Adam Sadinsky about Bill C-12, which became law and includes a one-year deadline for asylum claims. Sadinsky explains how this could bar legitimate refugees who face persecution after visiting Canada earlier. The episode concludes with calls for audience engagement and promotions for the Hot Docs festival.

As heard by us

A Charter fight that makes the notwithstanding clause feel far less exceptional.

CANADALAND turns a Supreme Court hearing over Quebec's Bill 21 into a sharp look at what the notwithstanding clause was meant to do, and what changes when provinces reach for it more often.

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Why you'd press play

You get Bill 21 and a clause under its heaviest stress test yet.

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