Senate bill sets guidelines for use of notwithstanding clause in federal laws
Advertisement
Read this article for free:
or
Already have an account? Log in here »
To continue reading, please subscribe:
Monthly Digital Subscription
$1 per week for 24 weeks*
- Enjoy unlimited reading on winnipegfreepress.com
- Read the E-Edition, our digital replica newspaper
- Access News Break, our award-winning app
- Play interactive puzzles
*Billed as $4.00 plus GST every four weeks. After 24 weeks, price increases to the regular rate of $19.00 plus GST every four weeks. Offer available to new and qualified returning subscribers only. Cancel any time.
Monthly Digital Subscription
$4.75/week*
- Enjoy unlimited reading on winnipegfreepress.com
- Read the E-Edition, our digital replica newspaper
- Access News Break, our award-winning app
- Play interactive puzzles
*Billed as $19 plus GST every four weeks. Cancel any time.
To continue reading, please subscribe:
Add Free Press access to your Brandon Sun subscription for only an additional
$1 for the first 4 weeks*
*Your next subscription payment will increase by $1.00 and you will be charged $16.99 plus GST for four weeks. After four weeks, your payment will increase to $23.99 plus GST every four weeks.
Read unlimited articles for free today:
or
Already have an account? Log in here »
MONTREAL – A bill introduced in the Senate seeks to set rules on how the federal government can adopt laws that override certain parts of the Canadian Charter of Rights and Freedoms.
Sen. Peter Harder’s bill would amend the Canadian Constitution Act and create a framework for how Ottawa can use Section 33, the so-called notwithstanding clause, which shields legislation from some Charter challenges.
The bill would permit legislation that invokes the notwithstanding clause to be introduced in Parliament only after the Supreme Court has declared that the proposed law violates one or more Charter rights.
Harder’s bill, tabled earlier this year, would also require the minister who introduces legislation invoking the notwithstanding clause to include a justification for its use.
As well, any bill with Section 33 would need to be passed by a two-thirds majority in the House of Commons and with the support of at least two parties.
Harder told a news conference he hopes the bill can provide a template for other jurisdictions in Canada on how to use the notwithstanding clause, which is the subject of a pending Supreme Court hearing.
This report by The Canadian Press was first published Oct. 20, 2025.