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Topic: Notwithstanding clause


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  Section Thirty-three of the Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia
However, provinces may only use the notwithstanding clause on legislation they otherwise have the authority to enact, and the Supreme Court ruled in Re: Same-Sex Marriage that the definition of marriage is within the exclusive domain of the Canadian Parliament.
Nevertheless, threats to invoke the notwithstanding clause are common as they are seen as a symbol of protecting local cultural values against the dominance of Ottawa and Central Canada.
Under present interpretation of the "due process" clause of the 14th Amendment to the United States Constitution, most of the restrictions of the U.S. Bill of Rights also apply to the states; before the passage of the 14th Amendment, states could pass laws which abridged rights that the federal Congress was not allowed to pass.
en.wikipedia.org /wiki/Notwithstanding_clause   (1328 words)

  
 Notwithstanding clause   (Site not responding. Last check: 2007-10-20)
The inclusion of the clause was a compromise reached during the debate over the new constitution in the early 1980s.
The use of this override clause is most noted for its inclusion in the Quebec language law known as Bill 101 after sections of those laws were found unconstitutional by the Supreme Court of Canada in Ford v.
The only other use of the notwithstanding clause as of 2004 was with respect to a labour law passed by the province of Saskatchewan.
www.bidprobe.com /en/wikipedia/n/no/notwithstanding_clause.html   (683 words)

  
 Constitutional Keywords – Notwithstanding Clause   (Site not responding. Last check: 2007-10-20)
This use of the ‘notwithstanding clause’ was not actually aimed at protecting a specific piece of legislation from the Charter, but was an act of political protest against the fact that the Charter was entrenched in the Constitution without the consent of the Government of Quebec.
Others believe that the ‘notwithstanding clause’ should be viewed not as compromising the supremacy of the constitution, but as compromising the supremacy of the judiciary.
The ‘notwithstanding clause’ makes it possible for the legislature to assert its own understanding of the constitutional values in the case of a disagreement between the courts and the legislature about the interpretation and application of these values.
www.law.ualberta.ca /ccskeywords/notwithstanding.html   (704 words)

  
 The Notwithstanding Clause of the Charter (BP194e)   (Site not responding. Last check: 2007-10-20)
It appears that a notwithstanding provision for the Charter was first proposed by Saskatchewan in the summer of 1980 during the deliberations of the Federal-Provincial Continuing Committee of Ministers Responsible for Constitutional Affairs (C.C.M.C.).
The fact is that the clause does provide a form of balancing mechanism between the legislators and the courts in the unlikely event of a decision of the courts that is clearly contrary to the public interest.
Quebec resorted to the notwithstanding clause after the Supreme Court of Canada, in the Chaussure Brown’s and Devine cases on the language of commercial signs, ruled that an outright prohibition of the use of languages other than French was an unreasonable limitation on the freedom of expression guaranteed by the Charter.
www.parl.gc.ca /information/library/prbpubs/bp194-e.htm   (4925 words)

  
 Real Women of Canada - Newsletters - THE NOTWITHSTANDING CLAUSE — WHY NOT?
Invoking the notwithstanding clause is regarded as crucial as the Supreme Court of Canada will not hear the appeal until January 18, 2000, and will then take at least another six months to hand down its decision.
validity of Quebec's use of the notwithstanding clause, stating that even a blanket override of constitutional decisions, as occurred in 1982, was a valid exercise of legislative authority.
In short, the notwithstanding clause is not being invoked by governments because they are afraid that its frequent application will eventually destroy the Charter of Rights and the judges' role in interpreting and applying it.
www.realwomenca.com /newsletter/1999_Nov_Dec/article_9.html   (1149 words)

  
 Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia
The notwithstanding clause has been invoked repeatedly by the province of Quebec, which has never ratified the Charter but is subject to it nonetheless.
The provinces of Saskatchewan and Alberta have also invoked the notwithstanding clause, to protect back-to-work legislation and an exclusively heterosexual definition of marriage, respectively.
Trudeau thus was forced to include the notwithstanding clause to allow provinces to opt out of certain areas of the charter.
en.wikipedia.org /wiki/Canadian_Charter_of_Rights_and_Freedoms   (1669 words)

  
 Ex-premiers call for use of charter's 'safety valve' Governments must curb judges' power: Lougheed, Blakeney
The notwithstanding clause allows Parliament and the provincial legislatures to set aside court judgments for up to five years, and was intended to put a brake on judicial activism.
Blakeney and Lougheed said the notwithstanding clause should be invoked if the Supreme Court of Canada upholds a lower court ruling in British Columbia that allows people in the province to possess child pornography.
The former premiers said the notwithstanding clause should not be used until due process has been completed, and it should not be invoked frivolously.
www.walnet.org /csis/news/ottawa_99/natpost-990301.html   (633 words)

  
 [No title]   (Site not responding. Last check: 2007-10-20)
Yet far from drawing the appropriate lesson from our most recent brush with disaster -- that the notwithstanding clause is a dagger pointed at the heart of the Charter -- a good many people who should know better have taken the opportunity to praise the clause as a sophisticated instrument of statecraft.
The notwithstanding clause played no part in the long public debates that preceded the Charter's introduction; so far as any constraints upon its reach were envisaged, discussion focused on the "reasonable limits" interpretive clause.
The notwithstanding clause was only added in the final frantic days of haggling among first ministers in November of 1981.
andrewcoyne.com /columns/NationalPost/1999/19990205.html   (700 words)

  
 Oregon Judicial Department - Publications
The notwithstanding clause, she argues, should be regarded as unintentionally broad and should be limited judicially to effectuate the legislature's intentions evinced by the legislative history of ORS 36.425.
A notwithstanding clause, by its nature, acts as an exception to the other laws to which it refers.
Plaintiff's insistence that the legislative history of ORS 36.425 reveals that the notwithstanding clause in that statute is unintentionally broad is equally unavailing.
www.publications.ojd.state.or.us /A96115.htm   (992 words)

  
 [No title]   (Site not responding. Last check: 2007-10-20)
While former prime minister Pierre Trudeau's acolytes insist he objected fiercely to this clause during the 1981 constitutional discussions, my recollection is that, for him, only language rights were sacrosanct; moreover, his only condition for agreeing to it was that legislatures be required to reaffirm their override of rights every five years.
Notwithstanding his reputation as a great civil libertarian, he had used a similar override provision in John Diefenbaker's Bill of Rights -- the predecessor to the Charter -- to suspend civil liberties during the 1970 October Crisis in Quebec.
Having as justice minister in 1981 persuaded Trudeau to accept the provinces' notwithstanding clause during Constitutional negotiations, Jean Chretien was ideally positioned to rescue that clause from the opprobrium -- and mythology -- that surround it.
westernstandard.blogs.com /shotgun/2004/06/notwithstanding.html   (1505 words)

  
 Tilting at Windmills - Annotated Notwithstanding Clause   (Site not responding. Last check: 2007-10-20)
The notwithstanding clause can't be used to suspend elections, prevent a Canadian citizen from running for office, prevent a Canadian citizen from entering or leaving the country, or prevent a court from reviewing a law and declaring it to be in violation of the Charter.
This means that any law which invokes the notwithstanding clause must be passed again by Parliament or the provincial legislature after the next election.
In his response to semi-lucid Mike, Chris demonstrates that he is a victim of the manipulative faux populism that was the trademark of the Reform movement and that has [sarcasm]miraculously[/sarcasm] appeared in the alleged Conservative Party.
www.la-mancha.net /archives/000332.html   (790 words)

  
 Notwithstanding Clause
The nothwithstanding clause (or override power) is the name of the legislative power under section 33 of the Canadian Charter of Rights and Freedoms.
The use of this clause is most noted for its inclusion in the Quebec language law, known as Bill 101, after sections of that law was found unconstitutional by the Supreme Court of Canada in Ford v.
On December 21, 1989 the Premier of the Province of Quebec employed the "notwithstanding clause" to override freedom of expression (section 2b), and freedom equality (section 15).
www.unitednorthamerica.org /notwithstanding.htm   (338 words)

  
 CJNews   (Site not responding. Last check: 2007-10-20)
The clause will be used in order to preserve the historic privileges of Catholics and Protestants in the public school system.
The government used the notwithstanding clause to allow Catholic and Protestant instruction to continue after school boards were reorganized along linguistic, instead of religious lines in July, 1998.
The clause can be in effect a maximum of five years and is due to expire this June.
www.cjnews.com /pastissues/00/may25-00/front2.htm   (927 words)

  
 CBC News Indepth: Politics   (Site not responding. Last check: 2007-10-20)
The notwithstanding clause (sometimes called the "override clause") is laid out in section 33 of the Charter.
The notwithstanding clause allows the federal government or a provincial legislature to enact legislation to override several sections of the Charter that deal with fundamental freedoms, legal rights and equality rights.
The Saskatchewan government invoked the clause as a preventive measure in a mid-1980s labour dispute with provincial government workers.
www.cbc.ca /news/background/politics/notwithstanding.html   (712 words)

  
 Family Institute of Connecticut   (Site not responding. Last check: 2007-10-20)
Either the federal government, or possibly one or several of the provinces, could invoke the Canadian constitution's "notwithstanding clause." The notwithstanding clause allows the federal government or the provinces to exempt themselves from the provisions of the Canadian Charter of Rights.
In fact, some legal experts argue that this invocation is unnecessary, since the notwithstanding clause has already been invoked by Alberta for a 2000 amendment to the Alberta Marriage Act that defined marriage as a contract between a man and a woman.
The notwithstanding clause, and Alberta's determination to use it, might seem to create the possibility of a patchwork solution, in which some Canadian provinces have gay marriage, while others do not.
www.ctfamily.org /editorial27.html   (1747 words)

  
 Herbert MARX - Documents on the Controversy Surrounding the Language of Commercial Signs in Quebec (Bill 178) December ...
It is suspended by two notwithstanding clauses, one that applies to the Quebec Charter of Rights and the other to the Canadian Charter of Rights and Freedoms.
When I was a member of the Opposition, I was always opposed to the use of the notwithstanding clause; I made speeches in the National Assembly to oppose the clause, during the debate on Bill 111 for example.
There are two ‘notwithstanding’ clauses in Bill 178: one to suspend the freedom of expression provision in the Quebec Charter of Rights and one to suspend it in the Federal Charter of Rights.
www2.marianopolis.edu /quebechistory/docs/bill178/10-32.htm   (691 words)

  
 Invisible Adjunct: Canada's "notwithstanding clause"
The "notwithstanding clause" refers to section 33 of the Canadian Charter of Rights and Freedoms set forth in Part I of the Constitution Act of 1982.
This is not to deny that the "notwithstanding clause" raises the troubling possibility of the will of the majority trampling on the rights or interests of a minority.
However, a perhaps equally troubling possibility is that of a small body of unelected judges imposing their will on a constituency that lacks any means of countering the power of the judiciary (an especially troubling possibilty, I would suggest, in the case of a court that is quite clearly divided into political/ideological factions).
www.invisibleadjunct.com /archives/000036.html   (1054 words)

  
 New Poll has Conservatives leading with Libs down to 26.6%
The notwithstanding clause is one of the most powerful tools that a gov't in the free world has.
The notwithstanding clause can be used to reinstate laws that the supreme court has found to violate the charter of rights and freedoms.
The notwithstanding clause cannot be used in relation to the definition of marriage.
www.unitednorthamerica.org /phpBB2/post-7444.html   (1546 words)

  
 Notwithstanding Clause is There for a Reason - Christianity.ca
The … notwithstanding clause is another mechanism through which Parliament can fulfill its responsibility to factor in broader social concerns.
Consequently, it is arguable a precise purpose of the notwithstanding clause is to allow Parliament to take into account much broader considerations than just the legal ones to which courts are restricted.
The notwithstanding clause can be seen as performing the same function for Parliament.
www.christianity.ca /news/social-issues/2005/02.005.html   (1566 words)

  
 GAO: B-303268, State DepartmentAssistance for Lebanon, January 3, 2005
We recognize that a notwithstanding clause may not supersede all other laws, such as those laws that are not directly related to the object to which a statute seeks to address.
For example, a notwithstanding clause in a statute directing the Architect of the Capital to take all necessary steps to ensure that certain employees be provided retirement benefits did not supersede the Antideficiency Act.
Finally, you note that the legislative history of section 1224 indicates that the notwithstanding clause of that section was intended to apply to section 534(a).
www.gao.gov /decisions/appro/303268.htm   (2649 words)

  
 FFWD Weekly - September 21st, 2000
The notwithstanding clause was meant to be the glue that holds Canada's Constitution together, but the country’s politicians are using it to turn our Constitution into an international joke.
The clause is a powerful tool, created to protect the will of the people from unaccountable judges, and give the members of our federation a little working room to make laws that reflect their community values.
The notwithstanding clause was put in place to prevent such disagreements from escalating into a divorce.
www.ffwdweekly.com /Issues/2000/0921/view.htm   (750 words)

  
 Edited Hansard * 1320 * Number 172 (Official Version)   (Site not responding. Last check: 2007-10-20)
Not having any more background than that, when it says “consider the use of the notwithstanding clause”, that is not to me a full endorsement of its invocation.
Four hundred and fifty measures of that legislature were submitted to the notwithstanding clause.
When he left office the new premier removed the notwithstanding clause from any consideration for any further Quebec bills, so that it remains what many scholars have called a constitutional aberration.
www.parl.gc.ca /36/1/parlbus/chambus/house/debates/172_1999-02-02/han172_1320-e.htm   (644 words)

  
 Notwithstanding clause   (Site not responding. Last check: 2007-10-20)
The clause was also used with respect to a labour law passed by the province of Saskatchewan.
On March 16, 2000, the Albertan government passed Bill 202, which amended the provincial Marriage Act to include an opposite-sex only definition of marriage as well as the Notwithstanding clause in order to insulate the definition from Charter challenges.
Whether the definition of marriage in the amended act is within the powers of the provincial government is a separate issue not yet legally determined.
www.worldhistory.com /wiki/N/Notwithstanding-clause.htm   (758 words)

  
 Egale Canada > Equal Marriage for Same-Sex Couples: The Alliance Motion
Since the courts have stated that excluding same-sex couples from civil marriage is an unconstitutional violation of their equality rights under the Charter, the only way to maintain the opposite-sex restriction on marriage is to invoke the notwithstanding clause.
Voting against the proposed legislation does not invoke the notwithstanding clause, rather it leaves the law unchanged.
Using the notwithstanding clause to override any Charter guarantee, means that Parliament will override the rights and freedoms of some Canadians, thereby depriving them of the Constitutional protection afforded to other Canadians.
www.egale.ca /index.asp?lang=E&menu=53&item=282   (606 words)

  
 National Post Online - news   (Site not responding. Last check: 2007-10-20)
He said legislators should impose checks on the power of the court and be more willing to use the so-called "notwithstanding clause" that allows Parliament and the provincial Legislatures to override the Canadian Charter of Rights and Freedoms.
The clause has not been used since 1988, when the Liberal government of Quebec, headed by the late Robert Bourassa, invoked it to protect language restrictions on signs that had been struck down by the Supreme Court.
That case has restricted the use of the clause, allowing judges to escape the checks on powers that constitutions are intended to provide, Prof.
www.fact.on.ca /newpaper/np99112g.htm   (489 words)

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