What is the fuss with the notwithstanding clause? What does that mean?
In the Charter of Rights and Freedoms, provinces are given the right to deny certain equality rights in their legislation. Section 33, also known as the legislative override or the notwithstanding clause, says the government must state specifically that a given law (for example, a law restricting marriage to opposite-sex couples) is being passed “notwithstanding” the rights guaranteed in the Charter, and must be reviewed every five years. The most well-known case of the notwithstanding clause being used is in the Quebec “sign laws.” The regulation requires all signage in the province to display the French language more prominently than the English language. The notwithstanding clause cannot be applied to all of the rights guaranteed in the Charter. It refers to the sections concerning fundamental freedoms and legal and equality rights, but cannot be used for restricting mobility rights and various other areas of the Charter. Paul Martin has said repeatedly he will not use the legislati
Related Questions
- To meet the requirements of clause 4.6.6 that contractors shall be under the supervision of a nominated person – does that mean they have to be accompanied at all times on site?
- At our audit we obtained a major non-conformity against clause 1.11 , as this is a subclause of a Fundamental clause – does this mean we get a grade D?
- What does the "nomination of a Successor Trustee" clause mean?
