Canada's "The Notwithstanding Clause"

            Canada is one of the most sought after places in the world to live. The standard of living is one of the highest in the world, it welcomes new immigrants, and there are many personal freedoms which are questioned in other parts of the world. Here, there is a Charter of Rights and Freedoms that protects our individual rights. This charter, which came to be in 1982, is the basis of our Canadian society. It lays down the law, so that the limitations can be seen. Other countries also have similar documents, but Canada's has some unique qualities. Though it is a huge social accomplishment in Canadian politics, it does have some flaws. One unique quality in our constitution is section 33, also referred to as the "Notwithstanding Clause". Since it's inception in 1982, this clause has been the cause of much controversy. The "Notwithstanding Clause" should be removed from the Canadian Charter of Rights and Freedoms because it violates the equality that the rest of the charter tries to protect.

             The "Notwithstanding Clause" is a compromise that was made by the parties involved in the 1982 constitutional meetings. It's purpose was to appease the groups that felt the constitution hurt their interests. Section 33 states as follows:.

             1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as those may be, be that the Act or a provision there of shall operate notwithstanding a provision included in s.2 or s.s.7-15 of this charter.

             2) An act or provision of an act in respect of which a declaration made under this section is in effect shall have operation as it would have but for the provision of this charter referred to in the declaration.

             3) A declaration made under subsection (1) shall cease to have 5 years after it comes into force or on such earlier date as may be specified in the declaration.

             4) Parliament on the legislature of a province may re-enact a declaration made under subsection (1).

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