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| Tega Adjara |
Threat of global populism
The emergence of populist leaders like Donald Trump, Viktor Orbán and, more recently, Javier Milei in Argentina, underscores the pervasive influence of populist ideologies across borders. The allure of populism lies in its promise of swift and radical change, tapping into legitimate grievances among the populace. However, the danger lies in populism’s propensity to undermine established democratic norms and institutions in its pursuit of power.
Erosion of democratic values
Populist movements often prioritize short-term gains over long-term stability, disregarding the fundamental principles of democracy. While the grievances driving populism may be legitimate, the methods employed to address them can erode the very fabric of democratic societies. Section 33, akin to a pacifier, serves as a tool for governments to silence dissent and push through controversial legislation without regard for constitutional safeguards.
Analogy to parenthood
Drawing a parallel between s. 33 and a pacifier used by parents to calm their infants, we see a striking similarity in their temporary nature and their ability to suppress dissent. Just as a pacifier may temporarily soothe a crying baby, s. 33 temporarily silences opposition to contentious laws. However, just as a child eventually outgrows the need for a pacifier, Canada, as a mature democracy, should no longer rely on such constitutional crutches.
Danger of abuse
Recent instances of s. 33 being invoked in Ontario and Quebec highlight the potential for its abuse. Controversial laws like Quebec’s Bill 21, which discriminates against religious minorities, have been shielded from constitutional challenge through the use of this clause. This trend sets a dangerous precedent, opening the door to more radical abuses of power under the guise of constitutional legitimacy.
Conclusion
In conclusion, s. 33 of the Canadian Charter of Rights and Freedoms poses a significant threat to democratic values and individual rights. As the spectre of global populism looms large, the need to safeguard constitutional protections becomes ever more pressing. By abolishing s. 33, Canada can reaffirm its commitment to democracy and ensure that the rights and freedoms of its citizens are protected against arbitrary government overreach. Canada must learn from the lessons of history and exercise caution to avoid repeating the mistakes of other nations. Abolishing s. 33 is not merely an act of constitutional reform but a reaffirmation of Canada's commitment to democratic principles and the rule of law.
After completing his LLB at the University of East London, Tega Adjara pursued a specialized LLM in international law and the global economy. Adjara obtained a certification in leadership and management from the London School of Economics (LSE), then ventured to Canada to complete another LLM program at Osgoode Hall. Currently, he is an articling student at Camara Law Firm.
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