Canada’s notwithstanding clause is a constitutional provision, under section 33 of the Canadian Charter of Rights and Freedoms, that allows provincial, territorial, and federal legislatures to temporarily override certain Charter rights for up to five years.
The Notwithstanding Clause in the Canadian Charter of Rights and Freedoms examines the notwithstanding clause at a pivotal moment in Canadian history, highlighting how it is increasingly used by governments to suspend constitutional rights. In response, individuals and advocacy groups have increasingly turned to the courts, challenging its application and seeking judicial intervention to limit its use under the Charter. With the Supreme Court of Canada poised to rule on the notwithstanding clause for the first time since 1988, this issue is set to remain a focal point of legal and political debate.
This book provides a comprehensive exploration of the clause’s history, design, political uses, and the judicial and academic responses. It provides the foundational context of section 33, offering readers an in-depth understanding of this uniquely Canadian provision, which has sparked controversy for over four decades.
This book offers a thorough foundation for understanding Canada’s controversial notwithstanding clause, exploring its history, design, political uses, and the responses it has elicited from the judiciary and academia.Foreword
Gregory Tardi
Acknowledgments

1. A “Uniquely Canadian” Invention Introducing and Contextualizing the Notwithstanding Clause
2. A Constitutional Compromise: The Development and Inclusion of the Notwithstanding Clause in the Canadian Charter
3. A Structural and Comparative Analysis of the Notwithstanding Clause
4. A Tool of the “Last Resort”: The Political Uses of Section 33 between 1982 and 2024
5. Interpreting Section 33: The Treatment of the Notwithstanding Clause by the Courts
6. The Section 33 Debate: Academic Reponses to the Notwithstanding Clause
7. Conclusion: Reflecting on the Future of the Notwithstanding Clause

Appendix: Tables and Figures
Index