 section 33 of the canadian charter of rights and freedoms is part of the constitution of canada. it is commonly known as the notwithstanding clause (or "la clause dÃ©rogatoire" in french), or as the override power, and it allows parliament or provincial legislatures to override certain portions of the charter. it was, and continues to be, perhaps the most controversial provision of the charter.library of parliament, parliamentary information and research service, the notwithstanding clause of the charter, prepared by david johansen, 1989, as revised may 2005. retrieved august 7, 2006. ==text== the section states:  ==function== the federal parliament, a provincial legislature, or a territorial legislature may declare that one of its laws or part of a law applies temporarily ("notwithstanding") countermanding sections of the charter, thereby nullifying any judicial review by overriding the charter protections for a limited period of time. this is done by including a section in the law clearly specifying which rights have been overridden. a simple majority vote in any of canada's fourteen jurisdictions may suspend the core rights of the charter. the rights to be overridden, however, must be either a fundamental right (e.g., section 2 freedom of expression, religion, association, etc.), a legal right (e.g., liberty, search and seizure, cruel and unusual punishment, etc.), or a section 15 equality right. other rights such as section 6 mobility rights, democratic rights, and language rights are inalienable. such a declaration lapses after five years or a lesser time specified in the clause, although the legislature may re-enact the clause indefinitely. the rationale behind having a five-year expiry date is that it is also the maximum amount of time that the parliament or le
Canadian_Charter_of_Rights_and_Freedoms