What does notwithstanding clause mean in law?

Notwithstanding legal use means creating exceptions to the rules of a contract. It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet.

Can the notwithstanding clause be challenged?

Individuals or groups may challenge a law shielded by Sec. 33 in court, and a court can expressly declare that the law violates the Charter, even though the law will remain in effect.

What is Quebec’s Bill 101?

The René Lévesque government made the language issue its priority and enacted Bill 101, the Charte de la langue française (Charter of the French Language), in 1977. The objective behind the charter was to allow francophone Quebecers to live and assert themselves in French.

Why is notwithstanding clause rarely used?

The clause only applies to certain sections of the charter. For instance, it can’t be used against provisions that protect the democratic process — that would create a pathway to dictatorship. The clause also can’t be used for more than five years at a time.

How did Quebec use the notwithstanding clause?

On March 28, 2019, the recently elected Coalition Avenir Québec (CAQ) government applied the notwithstanding clause in Bill 21 (An Act respecting the Laicity of the State). The bill was passed on June 16, 2019 and prevents public workers in positions of authority from wearing religious symbols.

When did Quebec use the notwithstanding clause?

The clause was first invoked in 1982 when Quebec passed an omnibus enactment that repealed all pre-Charter legislation and re-enacted it with the addition of a standard clause that declared the legislation to operate notwithstanding section 2 and sections 7 to 15 of the Charter.

Who can use the notwithstanding clause?

It is commonly known as the notwithstanding clause (la clause dérogatoire, or la clause nonobstant in French), sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override certain portions of the Charter.

How long does the notwithstanding clause last?

5 years
Once invoked, section 33 effectively precludes judicial review of the legislation under the listed Charter sections. A section 33 declaration is only valid for 5 years. After this time period, it ceases to have any effect unless it is re-enacted. Section 33 lays down a requirement of form only.

What is the Quebec notwithstanding clause?

“The notwithstanding clause is a kind of escape hatch that allows a government to pass a law that may not respect those rights and freedoms but instead of being struck down by courts it will have its effects anyway.

What is the Bill 21?

Bill 21 was passed in June 2019 and bans the wearing of religious symbols such as hijabs, kippas and turbans by teachers and other government employees deemed to be in positions of authority.

Has Quebec signed the Canadian Constitution?

As of 2021, the Government of Quebec has never formally approved of the enactment of the act, though the Supreme Court concluded that Quebec’s formal consent was never necessary and 15 years after ratification the government of Quebec “passed a resolution authorizing an amendment.” Nonetheless, the lack of formal …

What does Section 33 of the Constitution say?

Just administrative action (section 33 of the Constitution) (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.