A Paper Tiger No More? The Media Portrayal of the Notwithstanding Clause in Saskatchewan and Ontario

Abstract

AbstractSince 2017, four provincial legislatures have introduced bills invoking the controversial notwithstanding clause. We present an original dataset of news articles from 10 different outlets that discussed the clause while these bills were being debated in Saskatchewan and Ontario. Empirically, although the clause is typically portrayed accurately, we find over one-fifth of articles about the clause did not indicate that it must be included in legislation. Normatively, the clause was twice as likely to be portrayed negatively as it was positively, and the type of portrayal was strongly associated with the ideological orientation of the news outlet. The rate of negative portrayals was similar across the two provinces, which suggests that attitudes toward the clause may endure beyond the policy issue itself or the level of media visibility.