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Canadian Charter of Rights and Freedoms

Section 33: The Notwithstanding Clause

Constitutional text, simplified legal explanation, key principles and selected Supreme Court precedents.

Charter Section

Constitutional 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.

The wording above is a concise constitutional-text presentation for this page. Use the official Justice Laws source below for the complete current text and all subsections.

Simplified legal explanation

Section 33 allows Parliament or a provincial legislature to expressly declare that legislation will operate notwithstanding section 2 or sections 7 to 15 of the Charter. The declaration has a maximum constitutional life of five years, although it can be re-enacted. It does not apply to every Charter right.

Key constitutional points

1.

The declaration must be express and must identify the relevant Charter provision or provisions.

2.

The override can apply to section 2 and sections 7–15.

3.

It does not apply to section 3 democratic rights, section 6 mobility rights, section 23 minority-language education rights or section 24 remedies.

4.

A declaration expires after five years unless re-enacted.

5.

The federal Parliament and provincial legislatures can use section 33 within their respective constitutional authority.

Selected Supreme Court precedents

Five-Year Limitation

Section 33(3) provides that a declaration ceases to have effect five years after it comes into force, or earlier if the declaration specifies an earlier date. Section 33(4) permits re-enactment, which starts another five-year period under the constitutional rule.

Quebec Sign-Law Litigation — Ford v. Quebec (1988)

Ford v. Quebec concerned Quebec legislation requiring French-only commercial signs and found an infringement of freedom of expression under section 2(b). Quebec subsequently used the notwithstanding clause to continue the disputed sign regime temporarily despite the Charter ruling. The case is therefore an important historical example of section 33 in operation.

How to verify the law

Constitutional summaries are useful for orientation, but the exact constitutional text and current Supreme Court jurisprudence should be consulted for a legal question. Selected cases on this page explain important principles but do not constitute a complete case digest.

Official references

Frequently Asked Questions

No. It provides an educational explanation of the specified Charter section and selected Supreme Court jurisprudence. Constitutional outcomes depend on the precise facts, applicable legislation, procedural history and current case law. A specific legal matter should be reviewed with a qualified Canadian lawyer or an appropriate legal clinic.

The Charter primarily applies through section 32 to Parliament, the federal government, provincial legislatures and provincial governments. It is not a general private-law code governing every dispute between private parties. Charter principles can nevertheless become relevant where an entity is exercising a governmental function or implementing government policy, depending on the circumstances and Supreme Court jurisprudence.

Yes. Section 1 permits reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society. The government must satisfy the applicable constitutional justification framework. A statutory restriction therefore does not become constitutional simply because it was enacted by legislation.

No. Section 33 applies only to section 2 and sections 7 to 15. It does not override sections 3, 6 or 23, for example. A declaration also ceases to have effect after five years unless it is re-enacted.

Yes. Many Charter rights apply to permanent residents because the Charter uses “everyone” or “every individual” for numerous rights. Section 6(2), for example, expressly grants mobility rights to Canadian citizens and permanent residents. Some rights are citizen-specific, including the voting right in section 3 and the minority-language education right in section 23, which has its own citizenship and language criteria.

The authoritative federal source is the Justice Laws Website, which publishes the Constitution Acts, 1867 to 1982, including Part I of the Constitution Act, 1982 containing the Canadian Charter of Rights and Freedoms. The Department of Justice also publishes Charterpedia materials explaining individual Charter provisions.
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Constitutional authority

The Canadian Charter of Rights and Freedoms forms Part I of the Constitution Act, 1982. The Constitution is supreme law in Canada, and section 52(1) provides that an inconsistent law is of no force or effect to the extent of the inconsistency.

The Charter primarily governs Parliament, governments, legislatures and governmental action within the scope specified by section 32.

This section in context

ProvisionSection 33
SubjectThe Notwithstanding Clause
SourceConstitution Act, 1982 — Part I

Educational use

This page is designed for general education and newcomer orientation. A constitutional question involving a real dispute should be assessed using the current legislation, procedural history and binding jurisprudence.