The Notwithstanding Clause Explained
The notwithstanding clause gives provincial legislatures or Parliament the ability to override certain portions of the Charter of Rights and Freedoms.
The Alberta government invoked the notwithstanding clause in legislation to order 51,000 striking teachers back to work, citing the need for labour stability in schools.
What is the Notwithstanding Clause?
The notwithstanding clause, or Section 33 of the Charter, allows provincial legislatures or Parliament to override certain portions of the Charter of Rights and Freedoms for up to five years through the passage of a law.
Premier Danielle Smith said it was needed because of the size of the strike — the largest in Alberta history — and the need for labour stability in schools.
Author's summary: The notwithstanding clause is a rarely used provision.