Notwithstanding Clause: Canadian Charter Of Rights And Freedoms Of Canadian

What is the significance of the “Notwithstanding Clause” How does it limit the rights and freedoms of Canadians?

Section .33 of Canadas Charter of Rights, and Freedoms allows the federal and provincial governments to overrule the fundamental freedom. This is commonly known as the notwithstanding clause. The significance of the notwithstanding clause is it allows the federal government to legislature the provincial legislation. Also to override sections of the charter which allows governments to create laws that will operate regardless of some of the charter rights that the laws seem to be violating. It also allows a province to pass a law which violates the Charter of Rights, by using an extraordinary invocation of the clause.

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It also requires the government to explain itself, to accept full responsibility for its actions, and to take the political consequences. So far, Parliament has never used the notwithstanding clause.

Using section 33 doesn’t mean that Canadians, or their governments don’t respect rights. Rather, it means that, in some circumstances, the policy choices made by democratically-elected representatives, are more important than the rights decisions made by the unelected

The standard of living is one of the highest in the world, it welcomes new immigrants, and there are many personal freedoms which are questioned in other parts of the world. Here, there is a Charter of Rights and Freedom that protects our individual rights. This charter, which came to be in 1982, is the basis of our Canadian society. It lays down the law, so that the limitations can be seen. Other countries also have similar documents, but Canada's has some unique qualities. Though it is a huge social accomplishment in Canadian politics, it does have some flaws. One unique quality in our constitution is section 33, also referred to as the "Notwithstanding Clause". Since it's inception in 1982, this clause has been the cause of much controversy. The "Notwithstanding Clause" should be removed from the Canadian Charter of Rights and Freedoms because it violates the equality that the rest of the charter tries to protect. Almost immediately after the constitution had been passed into law 1982, Quebec showed us how this act could be abused. The separatist government in Quebec, who did not sign on to the constitution used section 33 to voice their displeasure. They stated that all of Quebec's statutes would operate notwithstanding any of the Charter sections which could be overridden, specifically s2 and s7-15. By doing this, the Charter, which was suppose to bring Canada closer together, further alienated Quebec