Section 33: The Notwithstanding Clause
Full text, legal breakdowns, and landmark Supreme Court precedents.
Original Charter Text
"Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature... that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter."
Simplified Explanation
Section 33 is a unique constitutional compromise. It allows provincial legislatures or the federal parliament to temporarily override certain Charter protections (Section 2, Sections 7-15) for a period of up to 5 years.
Landmark Supreme Court Precedents
The Five-Year Sunset Rule
Any law invoking Section 33 automatically expires after 5 years, requiring the government to debate and vote on it again to keep the override active.
Use in Quebec Sign Laws (Ford v. Quebec, 1988)
Following court rulings that French-only sign laws violated Charter freedom of expression, Quebec invoked Section 33 to temporarily keep the sign laws active despite the Charter violation.
Constitutional Authority
The Canadian Charter of Rights and Freedoms was enacted in 1982 by Queen Elizabeth II and Prime Minister Pierre Trudeau, patriating the Canadian constitution. It protects collective and individual civil liberties against federal and provincial government laws and actions.
Legal Disclaimer
This portal contains simplified educational summaries for newcomer orientation. For specific legal inquiries, contact a licensed Canadian constitutional attorney or human rights legal aid clinic.