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Can Alberta use the notwithstanding clause?
There’s been a tradition in Québec, as well as in Alberta and Saskatchewan, of using the notwithstanding clause to avoid scrutiny under the Charter of Rights and Freedoms or to make grandstanding points against Ottawa or other political opponents.
What can the notwithstanding clause be used for?
What is it? The notwithstanding clause — or Section 33 of the Charter of Rights and Freedoms — gives provincial legislatures or Parliament the ability, through the passage of a law, to override certain portions of the charter for a five-year term.
What does it mean to invoke the notwithstanding clause?
It is commonly known as the notwithstanding clause (la clause dérogatoire, or la clause nonobstant in French), sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override certain portions of the Charter.
Why did Bill 26 invoke the notwithstanding clause?
1998. The bill, which was introduced in 1998, attempted to invoke the ‘notwithstanding clause’ in section 33 of the Charter of Rights and Freedoms. It intended to limit the amount of monetary compensation victims of sexual sterilization would receive in their settlement with the government.
When did Alberta use the notwithstanding clause?
Alberta tried to use the clause in a 2000 bill limiting marriage to a man and a woman, but that failed because marriage was ruled a federal jurisdiction.
Does the notwithstanding clause strengthen or weaken Canadian democracy?
The notwithstanding clause cannot be used to override democratic rights in any case, thus maintaining democratic stability.
How long does the notwithstanding clause last?
5 years
Once invoked, section 33 effectively precludes judicial review of the legislation under the listed Charter sections. A section 33 declaration is only valid for 5 years. After this time period, it ceases to have any effect unless it is re-enacted. Section 33 lays down a requirement of form only.
Why was the Oakes test created?
The Court in R v Oakes created a two-step balancing test to determine whether a government can justify a law which limits a Charter right.
When was the notwithstanding clause used in Canada?
1982
The clause was first invoked in 1982 when Quebec passed an omnibus enactment that repealed all pre-Charter legislation and re-enacted it with the addition of a standard clause that declared the legislation to operate notwithstanding section 2 and sections 7 to 15 of the Charter.
When has section 33 been used?
Use of section 33 by the government The clause was first invoked in 1982 when Quebec passed an omnibus enactment that repealed all pre-Charter legislation and re-enacted it with the addition of a standard clause that declared the legislation to operate notwithstanding section 2 and sections 7 to 15 of the Charter.
What is the duration of the notwithstanding clause?
7 to 15. Invoking the clause allows an unconstitutional law to operate for five years, whereupon it can be renewed for another five years under what’s known as “the sunset clause.”
What does notwithstanding mean in legal terms?
Notwithstanding often appears in certain expressions. “Notwithstanding the foregoing” means “in spite of the things previously mentioned or written.” “Notwithstanding anything to the contrary” is legal language that declares that a clause supersedes anything forthcoming that might contradict it.
How many times has the clause been used in Alberta?
Media and constitutional lawyer Tess Layton says the clause has been deployed twice in Alberta — failing both times, and sparking major public outcry.
What was the notwithstanding clause in the Canadian Marriage Act?
The bill also invoked the Notwithstanding Clause of the Canadian Charter of Rights and Freedoms. This insulated the Marriage Act from any legal challenge based on violation of Charter rights, including the Section 15 equality guarantees.
What did the Alberta government do about same sex marriage?
Premier Ralph Klein responded by saying that the Alberta Government might opt to stop solemnizing marriages entirely, suggesting that in its place, the government would issue civil union licences to both opposite-sex and same-sex couples.
When was the eugenics clause introduced in Alberta?
The clause was first used by Ralph Klein’s Progressive Conservative government in the mid-1990s, after Leilani Muir filed a successful lawsuit against the Alberta government saying she’d been wrongfully sterilized as part of a government eugenics project.