What is the Notwithstanding Clause and which section number is it?

• A. Section 2; it enumerates fundamental freedoms.
• B. Section 6; mobility rights.
• C. Section 33; it allows governments to override certain Charter rights for up to five years.
• D. Section 7; life, liberty, security.

Answer: (C)

This question tests understanding of a constitutional tool that lets governments override certain Charter rights for a limited time. The correct concept is the Notwithstanding Clause, formally Section 33 of the Canadian Charter of Rights and Freedoms. It lets federal or provincial governments enact laws that operate notwithstanding the Charter for up to five years, and those laws can be renewed. The override applies to the rights listed in sections 2 and 7 to 15 (fundamental freedoms, mobility rights, legal rights, and equality rights), but not to democratic rights (sections 3 to 5). So identifying Section 33 and its five-year override captures the essential idea: a temporary, formal exception to certain Charter rights.