Understanding Canada’s Notwithstanding Clause
Heidi Echavarria- 0
- 1 minute read
We have heard a lot about the political and legal term ‘notwithstanding’, after the United Conservative Party (UCP), introduced Bill 2, invoking the notwithstanding clause to order striking teacher to return to work.
The clause, found in Section 33 of the Canada’s Charter of Rights and Freedoms, allows federal or provincial governments to pass a law even if it conflicts with certain rights in the Charter, such as freedom of expression, religion, or equality.
University of Calgary law professor Howard Kislowicz o explains how long a notwithstanding clause can remain in effect.
Alberta used the notwithstanding clause in 2000 to pass an anti-same-sex marriage legislation. Quebec used it in 2019 to prevent the wearing of religious symbols by public employees in positions of authority. That legislation, along with the clause, was renewed for another five years in 2024.
