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Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (French: clause dérogatoire, clause nonobstant, or, as prescribed by the Quebec Board of the French Language, disposition de dérogation[ 1 ]).
The following account of when the notwithstanding clause has been used outside Quebec is taken from Peter Hogg, Constitutional Law of Canada, Carswell, Toronto, 2007, paragraph 36.2.
Oct 17, 2018 · Section 33 of the Canadian Charter of Rights and Freedoms is known as the notwithstanding clause. Also known as the override clause, it is part of the Constitution of Canada. The clause allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights.
- Guarantee of rights and freedoms – section 1 1. Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
- Fundamental freedoms – section 2 2. Everyone has the following fundamental freedoms: a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- Democratic rights – sections 3 to 5. Democratic rights of citizens – section 3. Maximum duration of legislative bodies – section 4. Annual sitting of legislative bodies – section 5.
- Mobility rights – section 6. Mobility of citizens 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada. Rights to move and gain livelihood.
Jun 1, 2006 · Section 33 of the Charter, commonly referred to as the Notwithstanding or Override clause, has an important place in Canada’s constitutional development, as well as the relationship between the legislative and judicial branches of government.
Sep 6, 2022 · That could happen by passing a motion, resolution, or law in the House of Commons, adopting a blanket policy against its use or committing to intervene in cases where it is. Sirota says a law would likely be invalid, as the Constitution says the power to use the clause exists.
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Sep 10, 2018 · The notwithstanding clause, officially called Section 33, allows provincial or federal authorities to override or essentially ignore sections of the charter they do not like for a five-year...
