section 33

The Notwithstanding Clause, in Plain English. What Section 33 Actually Does.

Section 33 of the Canadian Charter of Rights and Freedoms allows Parliament or a provincial legislature to expressly declare that a law operates "notwithstanding" certain Charter sections. The override applies to sections 2 (fundamental freedoms) and 7-15 (legal and equality rights). It does not apply to sections 3-5 (democratic rights), 6 (mobility), 16-23 (language and minority-language education), or 27-29 (other constitutional rights). The override lasts five years and is renewable. The clause was a key compromise that made the 1982 Charter possible — without it, several premiers would not have agreed to patriation.