Commentary
The notwithstanding clause (Section 33 of the Charter of Rights and Freedoms) was first used by Quebec just after the patriation of the Canadian Constitution in 1982. The province added a standard clause to all its existing pieces of legislation to declare they operated notwithstanding Charter rights.
It was a bold statement of opposition to the Constitution, which Quebec refused to sign. In 1988, Quebec invoked the clause in response to a court ruling that the province’s new language law (Bill 101) was unconstitutional under the Charter. The province has used the clause several times since, and while Quebec’s disregard for parts of the Charter may have enraged Canadians, the right to use the clause was never questioned….