Canadian Charter Of Rights: Not Withstanding Clauses

Section 33 of the Charter of Rights also known as the “Notwithstanding Clause” is a legislative power that allows the Parliament to override certain rights and freedoms contained in the Charter. This power applies to certain categories in the Canadian Charter of Rights and Freedoms, which are fundamental freedoms (ss 2), legal and equality rights (7 to 15). The remaining Charter are exempt to the notwithstanding clause because those rights are too important to be overridden over any circumstances. However, the notwithstanding clause has been used sporadically and at times arguably at provincial and territorial levels. For example Quebec was the first to invoke the clause in 1982 and in 1988 when the government passed legislation