What Exactly is the Notwithstanding Clause, and Why Does it Matter?

Canada’s Constitution includes an ‘entrenched’ bill of rights; the Charter of Rights and Freedoms. Our Charter comprises 34 sections of the Constitution Act, 1982. Thus, it enshrines our fundamental freedoms and rights. These include our democratic, mobility, legal, equality, and official language rights.

With Confederation, the doctrine of parliamentary sovereignty (or supremacy) in the Westminster tradition of government was adopted by Canada and the provinces. In its purest form, a legislature can enactor repeal any law it chooses. From the beginning, this doctrine has been limited by Canada’s federal framework, which allocates legislative powers between the national government and the provinces.

Read more