The point is, the system worked for DoFo. His jumping to use the notwithstanding clause was completely unnecessary. The judiciary does curb the excesses of some of its members. Thanks to the superior court, he will not go down as the first Ontario Premier to use the notwithstanding clause, particularly for such a stupid reason. At least not yet. He should take the lesson to heart and be grateful.
I am very happy with how this played out. Perhaps this debacle will lead to judges being more careful about twisting the charter way beyond its original intent because using the notwithstanding clause is no longer 'unthinkable'.
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