What is the purpose of the notwithstanding clause?
The Notwithstanding Clause was a compromise reached when debating the parturition of the Constitution (commonly called the “Kitchen Accord”). It ensures the balance of power stays with the elected government, and not with the courts. The clause allows the government to maintain laws that are contrary to the Charter of Rights and Freedoms. For example, if the Supreme Court rules a certain law is unconstitutional, the government can enact the Clause to ensure the law remains valid while it enacts better legislation. The Clause can be in force for no more than five years, but can be extended. The clause has rarely been used. It most famous use was by the government of Quebec in 1982 when the Supreme Court ruled parts of Bill 101 were unconstitutional (This law permitted only French-language signs on businesses in Quebec).
