Section 33 of the Canadian Charter of Rights and Freedoms
Section 33 of the Canadian Charter of Rights and Freedoms is often called the "notwithstanding clause." This clause allows provinces or the federal government to declare that certain rights and freedoms in the Charter do not apply in certain situations.
Let's say that you have a right to play with your toys whenever you want. But if your parents use the notwithstanding clause, they might say that you can't play with your toys after 9 pm. This means that for a certain period, you can't exercise your right to play with your toys, even though it's one of your rights.
The notwithstanding clause can only be used in specific cases, where the government or a province feels that certain rights and freedoms could harm their ability to govern effectively. It is a way for them to balance the needs of individuals with the needs of society as a whole.
It's important to note that the notwithstanding clause is a controversial topic, as it can be seen as a way for governments to bypass fundamental rights and freedoms. However, it is still an element of the Canadian Constitution, and it does have its own set of rules that must be followed.
Let's say that you have a right to play with your toys whenever you want. But if your parents use the notwithstanding clause, they might say that you can't play with your toys after 9 pm. This means that for a certain period, you can't exercise your right to play with your toys, even though it's one of your rights.
The notwithstanding clause can only be used in specific cases, where the government or a province feels that certain rights and freedoms could harm their ability to govern effectively. It is a way for them to balance the needs of individuals with the needs of society as a whole.
It's important to note that the notwithstanding clause is a controversial topic, as it can be seen as a way for governments to bypass fundamental rights and freedoms. However, it is still an element of the Canadian Constitution, and it does have its own set of rules that must be followed.