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The notwithstanding taboo
[journal article]
Abstract The existence of the notwithstanding clause in s.33 of the Canadian Charter of Rights and Freedoms allows the federal and provincial governments to overrule the fundamental freedoms and legal and equality rights of Canadian citizens. Built into the override is a sunset clause, requiring governments ... view more
The existence of the notwithstanding clause in s.33 of the Canadian Charter of Rights and Freedoms allows the federal and provincial governments to overrule the fundamental freedoms and legal and equality rights of Canadian citizens. Built into the override is a sunset clause, requiring governments to renew any legislation using s.33 every five years. The government is also required to state explicitly which Charter rights are being overridden, though in the limited extent to which the override has been used, the invocation of s.33 has always been vague and proclaims to operate notwithstanding all of the relevant sections of the Charter to which the override applies, sections 2 (fundamental freedoms) and 7 to 15 (legal and equality rights). (author's abstract)... view less
Keywords
Canada; constitution; protection of the constitution; constitutional state; civil rights; fundamental right; legislation; separation of powers; political system; political culture; rights of personal liberty
Classification
Political System, Constitution, Government
Law
Document language
English
Publication Year
2009
Page/Pages
p. 1-20
Journal
Federal Governance, 6 (2009) 1
ISSN
1923-6158
Status
Published Version; peer reviewed