Section 33 of the Canadian Charter of Rights and Freedoms is known as the « notwithstanding clause.” It is also called the « override clause.”
In recent years, human rights advocates have been sounding the alarm over the increased use of the notwithstanding clause by provincial governments to override fundamental rights such as freedom of expression, religion, and equality. LEAF has been in front of courts and legislatures fighting back against the invocation of s.33 to pass discriminatory laws.
LEAF developed an educational infosheet on s. 33, its history, and our involvement in related constitutional challenges.
NWC-Infosheet