Which of the following is correct with respect to the Charter of Rights and Freedoms?
A) The federal or provincial legislature cannot override a person's right to free speech.
B) Section 33 (the notwithstanding clause) only applies to some specified provisions of the Charter.
C) The effect of the notwithstanding clause is to shift the power back to the judges.
D) The federal or the provincial legislature cannot override a person's right not to be discriminated against on the basis of race or religion.
E) The parliament or provincial legislature can only override a section of the Charter under the notwithstanding clause if they clearly state they are doing so and then wait 5 years before implementing the provision.

Question

Quizplus · Accepted Answer

Section 33 (the notwithstanding clause) only applies to some specified provisions of the Charter. It allows a federal or provincial government to override certain sections of the Charter for a period of up to five years. However, it cannot be used to override all sections of the Charter, and it only applies to specific provisions that are listed in the clause.

Which of the Following Is Correct with Respect to the Charter