Commentary

PrimaryDocuments.ca Extended Commentary:

“Mapping the Limitations of the Notwithstanding Clause: The PrimaryDocuments.ca Drafting History for Section 33 of the Canadian Charter of Rights and Freedoms” (2025), by Charles Dumais, Michael Scott, & Charlie Buck.*

*Footnote 26 was updated on November 12, 2025 as we noticed a small mistake–attributing the telex to BC, when it was from NFLD (discussing BC). 

“The Drafting History of the Canadian Charter of Rights and Freedoms” (2025) by Charles Dumais and Michael Scott**
[Paper] [Abstract]

*This article has undergone several iterations and is fairly complete, although some elements remain in progress. This table cited in the paper may need to be updated. We have also rephotographed some of the hundreds of documents found in the paper–some for aesthetic considerations, others for completeness. As a result a small fraction of of the links may not work. If you come across a broken link, we are more than happy to send you the correct document, and to update our paper. Please contact us and we’ll get back to you shortly. This paper will soon be available on SSRN. We are seeking to publish this paper in a journal in the near future. 


Papers on the prerogratives of the Prime Minister, local constitutions, and minority rights will soon be available in this section of the website. Please check back for updates.