Uses of the Notwithstanding Clause


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Essay #: 066773
Total text length is 11,243 characters (approximately 7.8 pages).

Excerpts from the Paper

The beginning:
Uses of the Notwithstanding Clause
This paper will provide a short introduction to the notwithstanding clause in Canada’s Charter of Rights and Freedoms, and then examine how it was used since its inception in the provinces of Quebec, Saskatchewan, and Alberta, as well as in the Yukon territory. Based on the examination of the uses of the clause, the paper will conclude by commenting on the appropriateness of the clause within the Charter.
The notwithstanding clause is described in section 33 of the Canadian Charter of Rights and Freedoms ( The clause came about “from a November 1981 Federal-Provincial Conference of First Ministers” (Johansen and Rosen, 2008, Introduction), and became part of...
The end:
Johansen, D. and Rosen, P. (2008, October 16). The Notwithstanding Clause of the Charter. Library of Parliament – Parliamentary Information and Research Service. Retrieved February 28, 2011 from
, J. (2006, June 1). The Notwithstanding Clause: Section 33 of the Charter. Retrieved from
, C. P. (2003, October). Same-sex Marriage and the Notwithstanding Clause. Policy Options, 21-24. Retrieved from