Canadian Constitutional Law #27: Section 33, Notwithstanding Clause Saturday, Mar 10 2007
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 9:51 am
Section 33 of the Charter allows sections 2 and 7-15 to be overridden if parliament or a provincial legislature expressly declare that a law shall operate notwithstanding the charter. This section is almost never invoked by the government because of the political repercussions, but it was considered by the supreme court in Ford v Quebec. We then return to section 1 analysis with a case about economic crisis, and whether that can qualify as a pressing reason to limit rights.
Ford v Quebec (AG), (1988)
Newfoundland (Treasury Board) v. N.A.P.E., (2004)
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