Notwithstanding Clause

• What is the notwithstanding clause? Explaining the rarely used provision

  The notwithstanding clause gives provinces or Parliament the ability to override certain portions of the Charter of Rights and Freedoms for up to five years.

  Politics

  11 hours
  
• Alberta uses Charter’s notwithstanding clause to order striking teachers back to work

  The move puts the Alberta government on a potential collision course with more than 350,000 workers in other provincial unions, which have promised an “unprecedented response."

  Politics

  Oct 27
  
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• Manitoba bill would have judges weigh in on use of notwithstanding clause

  Judges would not have the authority to strike down the legislation but could comment on it and say whether it would be unconstitutional if not for the notwithstanding clause.

  Politics

  Oct 16
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• Canada’s justice minister rules out withdrawing legal submission on notwithstanding clause

  Canada's Justice Minister has rejected calls from five premiers that he rescind a request for the Supreme Court of Canada to put limits on use of the notwithstanding clause.

  Politics

  Oct 8
• Five premiers urge Carney to withdraw court submission on notwithstanding clause

  The Premiers of five provinces are calling on the federal government to reconsider its call for limits on the use of the Canadian constitution's "notwithstanding clause."

  Politics

  Oct 7
• Alberta, Quebec united to push back against feds: Smith

  Alberta Premier Danielle Smith said said her province and Quebec are frustrated with a federal government that wants to impose its will on provinces.

  Politics

  Oct 6
• Alberta to use notwithstanding clause on its 3 transgender laws: memo

  The laws establish rules for students changing their names or pronouns in school, ban transgender girls from taking part in some sports and limit gender-affirming health care.

  Politics

  Sep 18
• Fraser says request for limits on notwithstanding clause not just about Quebec

  Fraser said he hopes the Supreme Court's eventual decision "will shape how both federal and provincial governments may use the notwithstanding clause for years to come."

  Canada

  Sep 18
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• Ottawa urges Supreme Court to set limits on how provinces can override Charter

  The Alberta government says the notwithstanding clause is an essential part of the Canadian constitution and the country's top court should not undermine it.

  Politics

  Sep 17
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• Quebec wants to ban prayer in public spaces. Is it legal?

  Legal experts say Quebec's move could further test the limits of the notwithstanding clause in Canada's Charter of Rights and Freedoms and its guarantee of religious freedom.

  Canada

  Aug 29