Ms. L. McDonald: The opening section under guarantee of rights and freedoms falls short of the statement of principle we would expect. imprecise wording in the limitations clause could open the way to a variety of interpretations of permitted exceptions. Indeed, the potential for driving a truck through the clause led our participants at the conference to dub it the “Mack truck clause”. Failure to clarify the guaranteed rights and freedoms by removing the limiting clause would render useless subsequent sections. Therefore, NAC proposes that the general limiting clause be deleted. If there have to be restrictions on rights and freedoms in time of war these should be specified as well as those rights and freedoms not to be abridged under any circumstances. NAC recommends that the rights and freedoms not to be abridged under any cirumstances should include at least the right not to be subjected to any cruel and unusual treatment or punishment and the human right to equality in the law.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 98.



