As Canada’s courts continue to invent novel new rights for Canadians, conflicts with law-making governments become ever-more common. Decisions that are political in nature are increasingly made by unelected but intrusive judges, eroding the authority of legislatures – and the sovereignty of the people who elected them. It is time to swing the pendulum back, asserts Grant A. Brown. And the Charter’s “notwithstanding” clause, he believes, is a legitimate constitutional means to do so. This logic was on display last week when the Ontario government used the notwithstanding clause in back-to-work legislation meant to keep the province’s schools open. While a deal this week with the union representing illegally striking educational support workers led Doug Ford’s government to withdraw the law, its purpose was served. Are other provinces taking note?