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Nov 6, 2022 · Ontario Premier Doug Ford’s decision to invoke the notwithstanding clause for the second time has prompted a public debate that cuts right to the heart of the Constitution.
The clause has been invoked most frequently by Quebec, including the blanket application of the clause to every law from 1982–1985, a French-only sign law in 1988, a law prohibiting state-affiliated employees from wearing religious symbols in 2019, [16] and a law strengthening the use of French in 2022. Saskatchewan passed a back-to-work law invoking the clause in 1986, and passed a law in ...
Oct 27, 2017 · The notwithstanding clause (section 33 of the Constitution Act) is exactly as strange as it sounds: It’s a magical section of the Canadian constitution that allows provincial governments to ...
Oct 17, 2018 · Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government ...
Mar 16, 2022 · Section 33 of the Charter of Rights and Freedoms is called the notwithstanding clause. It is also called the override clause. It is part of the Constitution of Canada. The clause was crucial in winning provincial support for the Charter. The clause allows governments to bypass some rights. Such an override must be renewed after five years.
Jun 1, 2006 · The clause, however, cannot be used in the context of the other rights and freedoms provided for by the Charter. If, for example, a legislature wishes to enact a law that would violate democratic rights under the Charter, it could not use the Notwithstanding clause to protect itself from judicial review. Explicit Legislative Declaration
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will trace its development in 1981 and describe the potential use then ascribed to it by its drafters, parliamentarians and others. The paper will then go on to point out actual instances when the notwithstanding clause has been invoked. Finally, it will present a number of arguments for and against the use of the clause.(4)
