National Post: When asked by Chief Justice Richard Wagner to respond to assertions that a “tyrant” could invoke section 33 to run roughshod on fundamental rights, Brunet responded that she trusts the system.
“We must have confidence in our democracy,” she said.
“We must also presume that the government will govern itself according to the public good, we cannot assume the contrary,” she added.
The clause can be invoked pre-emptively to prevent any Charter challenge of a law, Brunet argued, and there is no limit to the number of times it can be renewed for five years.
“There is nothing that prevents that” in the text of the Constitution, she told the court…