The Notwithstanding clause is a section of the Canadian Charter of Rights and Freedoms that allows the federal parliament and provincial legislatures to override certain sections. The clause was added to the constitution in 1982 as a compromise between those who wanted to entrench the charter and those concerned about its potential to infringe upon provincial governments' rights.

The Notwithstanding clause has been used sparingly since it was added to the constitution, but both federal and provincial governments have invoked it on occasion. The most notable instance of its use was in Quebec, where the province used the clause to override a Supreme Court ruling that had struck down a law banning English-only commercial signs.

The use of the Notwithstanding clause is not without its critics, who argue that it undermines the rule of law and gives too much power to legislators. However, its proponents say that it is necessary to protect the rights of minority groups and provincial governments in a federation.

The Notwithstanding clause is limited because it can only be used to override certain charter sections. Specifically, it can be used to override sections 2 (fundamental freedoms), 7 (life, liberty and security of the person), and 15 (equality rights). It cannot be used to override other sections of the charter, such as section 1 (the Canadian Charter of Rights and Freedoms guarantees the rights set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society).

In addition, the Notwithstanding clause can only be used by provincial legislatures concerning matters within their jurisdiction. However, the federal parliament can use the Notwithstanding clause concerning any matter over which it has jurisdiction, including issues that fall within the exclusive authority of the provinces.

Finally, the Notwithstanding clause can only be used for five years. After five years, the legislature must re-enact the legislation if it wishes to continue overriding the charter.

Keywords: Notwithstanding clause, Canadian Charter of Rights and Freedoms, federal parliament, provincial legislatures, constitutional law, Canada.

Description: The Notwithstanding clause is a section of the Canadian Charter of Rights and Freedoms that allows the federal parliament and provincial legislatures to override certain sections. The clause was added to the constitution in 1982 as a compromise between those who wanted to entrench the charter and those concerned about the potential for it to infringe upon provincial governments' rights.