1. Section 33; The Notwithstanding Clause
Unit 2: Constitutional Law; Rights and Freedoms

2. Section 33
S. 33 permits the government (federal/provincial) to override certain rights guaranteed by the Charter
Provides for protection of parliamentary supremacy- elected officials can overrule the courts
So…Quebec Charter of Values?

3. Legal Wording S. 33 contains 5 clauses:
Parliament may declare by law that the law shall operate notwithstanding a provision in the Charter
The law will be in effect with provision outlined by the Charter
The law can only operate for 5 years
Parliament may re-enact the law under subsection 1

4. The Charter
Important role between individual claims and government responsibilities
The courts interpret Charter rights to ensure that government laws do not violate them
The courts, if such a law is found, will declare the law void or ask the government to change the law accordingly

5. Overriding the Charter- Example
Federal government passes a law requiring public service employees to dress a certain way at work. A group of employees who wear a particular piece of clothing at all times for religious reasons protest this law. As such, they challenge the government’s dress code in court, arguing that the imposition violate their Charter freedom of religion
Court agrees
The court declares the law void
The government then invokes section 33 declaring that the law will stand even though it violates the Charter. The invocation protects the government from any further claims
Invoking sect. 33 only protects a law from being stuck down, it does not deny the right or freedom in any other capacity

6. Actual use
Act respecting the Constitution Act Quebec- made all previous legislation immune to Charter review)
1988 French language signs- Quebec
1986 Saskatchewan back to work legislation
Alberta 2000 definition of Marriage

7. Section 33
To pass the law using sect. 33 a majority must still be found in the Parliament
Section 33 can only be used to override a few of your rights- some are beyond the reach
See handout for rights that can and cannot be overridden