Section 33 - Notwithstanding Clause

Section 33 Explained §

Relevant Terminology §

• Notwithstanding
  • Nevertheless; in spite of
• Declaration
  • The formal announcement of the beginning of a state or condition, such as passing a new law
• Invoke
  • A procedure to be carried out.

Notwithstanding Clause Summarized §

Ultimately, this section allows the provincial or federal government to pass legislation that overrides other sections of the charter for a limited amount of time.

Sections which can be overwritten §

• Section 2
• Sections 7-14
• Section 15

Maximum Length §

• The maximum length of time that new legislation can be passed for under the notwithstanding clause is 5 years.
• After 5 years, the government has to use the clause again if they want to retain the new legislation.

Why the Clause? §

• Western Provinces wanted to be able to override the charter when necessary.
• A compromise between the federal and provincial governments.
  • Pierre Elliot Trudeau did not want an “auto-override button”
• Known as the Kitchen Accord.
  • Finalized by:
    • Justice Minister Jean Chretien
    • Saskatchewan Attorney General Roy Romanow
    • Ontario Attorney General Roy McMurtry

How many times has it been used? §

• To date there have been 26 Applications, according to the University of Toronto.
  • Used the most by Quebec.
• Recent use: PC Leader, Premier Doug Ford in Ontario decreased the Toronto Council from 47 to 25, overriding Section2(b) of the charter.

Groups Involved §

• Province of Quebec, they have invoked the clause the most, and also claim the most controversial declarations
• Provincial Governments are the only government which has ever used the clause in Canada’s history.
  • The federal government has threatened to use it before, but they never have.
• Citizens are impacted, since they lose access to their rights and freedoms.

Themes §

The nature of it’s use §

Many people question if or when the clause should be used? Should it ever be used?

Parti Quebecois §

The Parti Quebecois have overused the clause since it became law, they have used it to prevent protests. People have likened their use of the clause to that of a baby having a temper tantrum. “If I can’t have my way, I’ll use section 33!”

Protests §

Protests and strikes often take place when Section 33 is used.