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Profit Over People: Doug Ford's Unconstitutional Weaponization of the Notwithstanding Clause

May 28,2026- This article was written with the assistance of GreenPT AI.

The disconnect between municipal policy and the lived reality of our citizens has reached a breaking point. While policymakers debate budgets in sterile boardrooms, a devastating class war is being waged on our streets, characterized by the systematic displacement of the unhoused and the heavy-handed policing of poverty and housing.

For too long, city bylaw and law enforcement have acted as the enforcement arm of a movement that prioritizes capital gains and corporate expansion over human survival. This is a direct infringement on the rights of the people, disguised as urban management and public safety.

The Ontario Supreme Court's judicial ruling on May 22nd 2026 stands as a monumental rebuke to this approach. By invoking Section 7 of the Charter, the court has affirmed that the right to life, liberty, and security of the person is non-negotiable. This ruling serves as a vital reminder that the state’s mandate is to serve the public good, not to facilitate the interests of private capital at the expense of human dignity. The battle for the soul of our Canadian Cities is just beginning, but the precedent is clear: accountability is possible.

We must remain vigilant, proactively identifying the threats to our fundamental rights and challenging every instance where corporate profit is prioritized over human dignity!

Premier Doug Ford’s threat to use Section 33 to ignore the Supreme Court’s ruling on the Waterloo Region encampments is a direct assault on our Charter of Rights and Freedoms. When a government seeks to bypass the courts to clear encampments, they are attacking the legal protections that keep all citizens safe from state overreach.

Most alarming is the reality behind this move: the use of constitutional loopholes to clear land for private corporate expansion. We must be clear: the Charter of Rights exists to protect human beings, not to facilitate the bottom lines of private companies. We cannot allow the fundamental rights of our neighbors to be traded away for corporate development.

Constitutional Democracy and Magna Carta

"No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land." Clause 39 of Magna Carta.

Constitutional democracy is a system where the power of the majority is constrained by the rule of law. The judiciary acts as a vital check on the legislature, ensuring that even a government with a massive mandate cannot act arbitrarily or violate the fundamental principles of the Constitution.

When examining the enduring relevance of the Constitution, one need look no further than the current Prime Minister’s book, Values. In it, he explores the Magna Carta, underscoring its profound and ongoing influence on contemporary constitutional law.

In 1215, the document was designed to manage the King's power. In a modern democracy, the paradigm has shifted entirely: power is no longer a divine right held by a monarch, but a mandate derived from the people. This creates a fundamental constitutional truth: authority is a loan, not a permanent possession. Power is granted by the people, that permission can be withdrawn if the state fails to uphold its side of the social contract.

We live in an era of massive delegation, where authority is handed to independent bodies, regulatory agencies, and specialized tribunals to manage the complexities of modern life.

The Magna Carta principle dictates that this delegation is not a way to bypass the law or escape accountability. For these independent bodies to remain legitimate and democratic, they must operate under three strict conditions:

1. Specific Constraint: They must only exercise the powers explicitly granted to them for specific, defined objectives.
2. Accountability: They must remain answerable to the legal and democratic frameworks that created them. They cannot operate in a vacuum.
3. The Public Good: Their authority must be used to promote the benefit of the people, rather than being diverted to serve private interests or state convenience.

The Magna Carta served as a foundational blueprint for constitutions worldwide, including that of the United States. It is widely credited with establishing the bedrock of parliamentary democracy and creating the essential frameworks for the rule of law. In Canada, this enduring legacy is most powerfully manifested in the Charter of Rights and Freedoms, which serves as the cornerstone of our modern legal and constitutional landscape.

The Threat to Human Rights

The primary purpose of a Charter of Rights is to protect individuals and vulnerable minorities from the "tyranny of the majority." In a democratic vote, the most marginalized members of society (such as the unhoused or those living in poverty) rarely have the political capital to defend their interests. The Charter is their shield.

Section 7 of the Canadian Charter of Rights and Freedoms states that everyone has the right to life, liberty, and security of the person, and that these rights cannot be deprived except in accordance with the principles of fundamental justice.

If Section 33 is used to override rights related to life, liberty, and security of the person (Section 7), it fundamentally changes the nature of those rights. They cease to be inherent protections and become conditional privileges that can be revoked by whichever political party holds power. When rights are treated as negotiable, they no longer serve as a meaningful safeguard against state overreach or corporate interest.

When a government uses the notwithstanding clause to bypass the rights of a specific, vulnerable group (such as the unhoused) it sets a precedent. It signals to the entire citizenry that the Charter is not an absolute shield, but a negotiable document. If the state can successfully argue that economic expansion justifies the suspension of human dignity, it creates a "slippery slope" where any right (privacy, expression, or assembly) could be deemed "inconvenient" to the state's objectives.

A healthy democracy operates under the Rule of Law, where the law is a stable framework that constrains the powerful and protects the weak. When Section 33 is used to facilitate private corporate interests at the expense of judicial rulings, the system risks shifting toward Rule by Law. In this model, the law is not a constraint on power, but a tool used by those in power to achieve specific economic or political ends.

The Social Contract

The social contract is the implicit agreement that citizens follow the laws of a state in exchange for the protection of their fundamental rights. If the state uses its legislative power to strip away those protections to serve private entities, it breaks that contract. This is why many see such moves not just as a localized policy decision, but as a systemic sign of oppression: it fundamentally changes the relationship between the individual and the state from one of protection to one of utility.

Doug Ford is breaking the social contract. The threat signals that the law is not a stable foundation for justice, but a flexible instrument for those in power. This erosion of trust in the legal system is perhaps the most profound threat to the stability of a democratic society.

In this light, the fight over the Waterloo encampments is not just about land use; it is a fight over whether the Charter remains a living instrument of justice or becomes a secondary concern to economic development.

The Clause

When Canada was "patriating" its Constitution in 1982, there was intense debate over the balance of power. Prime Minister Pierre Elliott Trudeau wanted a strong Charter to protect individual rights through judicial oversight. However, many provinces (most notably Quebec) feared that a Charter would give too much power to unelected judges, allowing them to strike down laws passed by elected representatives.

Section 33 was the compromise. It allowed the Constitution to include a robust Charter while ensuring that, in extreme or sensitive circumstances, the elected legislature could have the final word.

A government can only use Section 33 to override certain parts of the Charter. Specifically, it can only apply to Section 2 (fundamental freedoms like religion, expression, and assembly) and Sections 7 through 15 (legal rights and equality rights).

A government does not simply "ignore" the Charter; they must explicitly declare in the legislation that the law is being enacted "notwithstanding" a specific section of the Charter.

Crucially, the use of the clause is subject to a sunset clause. Any law passed using Section 33 expires after five years. If a government wants the law to continue operating despite the rights violation, they must re-enact it and re-declare the notwithstanding clause at the legislature. This ensures that the decision is brought back before the electorate, forcing a political debate and a democratic mandate.

The clause is not a "blank check" to ignore all rights. It is limited in two specific ways:

• Limited Rights: A government can only use Section 33 to override certain parts of the Charter. Specifically, it can only apply to Section 2 (fundamental freedoms like religion, expression, and assembly) and Sections 7 through 15 (legal rights and equality rights).
• Protected Rights: It cannot be used to override democratic rights (the right to vote), mobility rights (the right to move between provinces), or language rights.

The "notwithstanding clause" is a constitutional last resort, meant only for the most extreme and sensitive social debates. It was designed to protect the voice of the people in exceptional cases, not to be used as a sledgehammer to crush the rights of the most vulnerable.

Defend Democracy

Canada’s democracy depends on active, informed citizens. Right now, that democracy is at risk — and the first line of defense is municipal government. If you care about human rights, transparency, and accountable leadership, take these steps today:

1. Contact your municipal representatives and ask tough, specific questions about policies, bylaws, and enforcement practices.
2. Stay informed: follow council meetings, read local reports, and verify claims.
3. Watch for humanrights violations or abuses of power; document what you see and raise  your voice through official complaints, public meetings, and local media.
4. Organize or join community groups to amplify concerns and hold elected officials accountable.
5. Vote in every local election and encourage others to do the same -municipal decisions directly affect daily life and set precedents for higher levels of government.

Democracy isn’t passive. When citizens engage at the municipal level, they protect rights, strengthen institutions, and ensure every voice counts. If you see injustice, don’t stay silent ACT!