this post was submitted on 20 Nov 2025
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Presently, a provincial government that invokes the clause isn't required to say which particular Charter rights its legislation needs to be exempted from.

The NDP's Bill 50, the Constitutional Questions Amendment Act, aims to change that.

It would automatically trigger a process whereby a Manitoba government wishing to invoke the notwithstanding clause would have to explain its rationale for doing so to an appeals court judge, according to the NDP.

That judge wouldn't have power to stop the legislation, but could provide a legal opinion on its potential for human rights violations. Kinew has characterized that as a democratic safeguard that may help voters decide which party to support.

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