Although I agree with you, I doubt it will be legal nation wide anytime soon. Besides, when have politicians ever listen to anything rational? 🙂 Several provinces (most notably Alberta) have said that they’ll use the notwithstanding clause to overrule the courts.

MPs (even the “important” ones) are pretty split on it, and even so, the most important MP, our Prime Minister, opposed it at one point (he hasn’t commented on it recently, atleast that I’ve read). Our next PM, Paul Martin supports it though… so maybe it does have a chance.