What is the effect of invoking the notwithstanding clause?
Parliament has never before invoked the notwithstanding clause. That is because Canadians believe that Parliament must always act in accordance with the Constitution. Using the notwithstanding clause to override any Charter guarantee, means that Parliament will override the rights and freedoms of some Canadians, thereby depriving them of the Constitutional protection afforded to other Canadians. Parliament should not set the dangerous precedent of invoking the notwithstanding clause lightly. If one group of Canadians can be excluded from Charter protection, what is to prevent other groups from suffering a similar fate? Invoking the notwithstanding clause is not a permanent solution. Rather, its effect lasts for five years, after which, Charter protection is reinstated. If Parliament wants to continue to violate Charter rights and freedoms, it must pass a new law to re-invoke the notwithstanding clause. Q. What do Canadians think? Of the 88% of Canadians who have heard of the Charter, 9
