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what’s-the-controversy-around-ottawa-wanting-to-limit-use-of-notwithstanding-clause?
What’s the Controversy Around Ottawa Wanting to Limit Use of Notwithstanding Clause?

What’s the Controversy Around Ottawa Wanting to Limit Use of Notwithstanding Clause?

Last updated: September 19, 2025 12:48 am
By Matthew Horwood
1 Min Read
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What’s the Controversy Around Ottawa Wanting to Limit Use of Notwithstanding Clause?

The Supreme Court of Canada is pictured in Ottawa on June 3, 2024. The Canadian Press/Sean Kilpatrick

Matthew Horwood

9/18/2025|Updated: 9/18/2025

Ottawa is asking the Supreme Court of Canada to set limits on the manner in which provincial governments can use a controversial clause in the Charter of Rights and Freedoms.

Section 33 of the Charter, known as the Notwithstanding clause, permits provincial governments to override specific provisions of the Charter by enacting a law, which simultaneously prevents judicial review of the legislation in question for five years.

Matthew Horwood

Matthew Horwood is a reporter based in Ottawa.

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