Which of the following is correct with respect to the Charter of Rights and Freedoms?
A) Section 33 (the notwithstanding clause) applies to all protections in the Charter.
B) The federal or provincial legislature cannot override a person's right to free speech.
C) The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion.
D) The parliament or provincial legislature cannot override a section of the Charter.
E) The effect of the notwithstanding clause is to shift the power back to the judges.

Question

Quizplus · Accepted Answer

Section 33 of the Charter, known as the notwithstanding clause, allows federal or provincial legislatures to pass laws that operate notwithstanding certain sections of the Charter, including those related to fundamental freedoms, legal rights, and equality rights. This means legislatures can temporarily override rights like those protecting against discrimination based on race or religion.

Which of the Following Is Correct with Respect to the Charter