Disambiguation evidence for Section 33 (Notwithstanding clause) via surface form

"Section 33 of the Canadian Charter of Rights and Freedoms"


As subject (42)

Triples where this entity appears as subject under the label "Section 33 of the Canadian Charter of Rights and Freedoms".

Predicate Object
affects Section 2 of the Canadian Charter of Rights and Freedoms
affects Sections 7 to 15 of the Canadian Charter of Rights and Freedoms
allows enactment of legislation notwithstanding specified Charter provisions
allows override of certain Charter rights
alsoKnownAs Section 33 (Notwithstanding clause)
surface form: notwithstanding clause
appliesTo Parliament of Canada
appliesTo provincial legislatures in Canada
bindingOn courts in Canada when validly invoked
cameIntoForce 1982
category override clause
constitutionalAmendmentRequiredToChange true
constitutionalStatus entrenched
controversial true
country Canada
doesNotAffect democratic rights in the Charter
doesNotAffect equality of men and women under Section 28 of the Charter
doesNotAffect language rights in the Charter
doesNotAffect minority language education rights in the Charter
doesNotAffect mobility rights in the Charter
enables temporary suspension of certain Charter rights
geographicalScope applies throughout Canada
instanceOf constitutional provision
instanceOf notwithstanding clause
jurisdiction Canada
legalEffect permits legislation to operate notwithstanding certain Charter guarantees
locatedIn Constitution Act, 1982
surface form: Part I of the Constitution Act, 1982
partOf Constitution Act, 1982
surface form: Canadian Charter of Rights and Freedoms
partOf Constitution Act, 1982
purpose to allow elected legislatures to respond to judicial interpretations of the Charter
purpose to preserve parliamentary supremacy over certain rights issues
relatedConcept judicial review in Canada
relatedConcept parliamentary sovereignty
renewable true
requires express declaration in the legislation
requires identification of the specific Charter provision being overridden
requires ordinary legislative majority unless otherwise specified by jurisdiction
requires periodic legislative reconsideration due to five-year limit
subjectTo political accountability
temporalLimit maximum five years per declaration
temporalScope prospective application to legislation
textBeginsWith "Parliament or the legislature of a province may expressly declare..."
timeLimitReason to align with maximum term of legislatures in Canada