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ca_150
Rights and Responsibilities › Rights and Freedoms
What is the Notwithstanding Clause in the Canadian Constitution?
- A clause allowing the Supreme Court to override Parliament
- A clause protecting minority language rights from government interference
- A clause that allows Parliament or provincial legislatures to override certain Charter rights for a renewable five-year period
- A clause giving the federal government authority over provincial matters in emergencies
Why this is the correct answer
Section 33 of the Canadian Charter of Rights and Freedoms, known as the Notwithstanding Clause, allows Parliament or a provincial legislature to pass legislation that operates even if it contradicts certain Charter rights. Any such override must be renewed every five years or it expires automatically.