Section 33 (Notwithstanding clause)

E52223

constitutional provision notwithstanding clause

Section 33, commonly known as the notwithstanding clause, is a provision in the Canadian Charter of Rights and Freedoms that allows federal or provincial legislatures to temporarily override certain Charter rights.

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All labels observed (2)

Label	Occurrences
Section 33 (Notwithstanding clause) canonical	1
notwithstanding clause	1

How this entity was disambiguated

This entity first appeared as the object of triple T411843 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.

NED1 Entity disambiguation (via context triple) gpt-5-mini-2025-08-07

Target entity: Section 33 (Notwithstanding clause)
Context triple: [Constitution Act, 1982, contains, Section 33 (Notwithstanding clause)]

A. Clause 39
Clause 39 is a key provision of the Magna Carta that guarantees the right to due process by prohibiting arbitrary arrest, imprisonment, or dispossession except by lawful judgment or the law of the land.
B. Clause 40
Clause 40 is a famous provision of the Magna Carta that promises royal justice will not be sold, denied, or delayed to any person.
C. Article XX (General Exceptions)
Article XX (General Exceptions) is a key provision of the GATT that allows World Trade Organization members to adopt trade-restrictive measures for specified public policy objectives, such as protecting human, animal or plant life and conserving exhaustible natural resources, provided certain conditions are met.
D. ’33 Act
The ’33 Act is a foundational U.S. federal securities law that governs the initial offering and sale of securities to the public, emphasizing disclosure to protect investors.
E. Article VI – General Provisions
Article VI – General Provisions is a section of the Constitution of Puerto Rico that sets forth various overarching rules and administrative, fiscal, and legal guidelines governing the operation of the Puerto Rican government.
F. None of above. chosen
G. Unsure - the case is ambiguous/there is not enough information to decide.

NED2 Entity disambiguation (via description) gpt-5-mini-2025-08-07

Target entity: Section 33 (Notwithstanding clause)
Target entity description: Section 33, commonly known as the notwithstanding clause, is a provision in the Canadian Charter of Rights and Freedoms that allows federal or provincial legislatures to temporarily override certain Charter rights.

A. Clause 39
Clause 39 is a key provision of the Magna Carta that guarantees the right to due process by prohibiting arbitrary arrest, imprisonment, or dispossession except by lawful judgment or the law of the land.
B. Clause 40
Clause 40 is a famous provision of the Magna Carta that promises royal justice will not be sold, denied, or delayed to any person.
C. Article XX (General Exceptions)
Article XX (General Exceptions) is a key provision of the GATT that allows World Trade Organization members to adopt trade-restrictive measures for specified public policy objectives, such as protecting human, animal or plant life and conserving exhaustible natural resources, provided certain conditions are met.
D. ’33 Act
The ’33 Act is a foundational U.S. federal securities law that governs the initial offering and sale of securities to the public, emphasizing disclosure to protect investors.
E. Article VI – General Provisions
Article VI – General Provisions is a section of the Constitution of Puerto Rico that sets forth various overarching rules and administrative, fiscal, and legal guidelines governing the operation of the Puerto Rican government.
F. None of above. chosen

Statements (42)

Predicate	Object
instanceOf	constitutional provision ⓘ notwithstanding clause ⓘ
affects	Section 2 of the Canadian Charter of Rights and Freedoms ⓘ Sections 7 to 15 of the Canadian Charter of Rights and Freedoms ⓘ
allows	enactment of legislation notwithstanding specified Charter provisions ⓘ override of certain Charter rights ⓘ
alsoKnownAs	notwithstanding clause ⓘ linked to: Section 33 (Notwithstanding clause)
appliesTo	Parliament of Canada ⓘ provincial legislatures in Canada ⓘ
bindingOn	courts in Canada when validly invoked ⓘ
cameIntoForce	1982 ⓘ
category	override clause ⓘ
constitutionalAmendmentRequiredToChange	true ⓘ
constitutionalStatus	entrenched ⓘ
controversial	true ⓘ
country	Canada ⓘ
doesNotAffect	democratic rights in the Charter ⓘ equality of men and women under Section 28 of the Charter ⓘ language rights in the Charter ⓘ minority language education rights in the Charter ⓘ mobility rights in the Charter ⓘ
enables	temporary suspension of certain Charter rights ⓘ
geographicalScope	applies throughout Canada ⓘ
jurisdiction	Canada ⓘ
legalEffect	permits legislation to operate notwithstanding certain Charter guarantees ⓘ
locatedIn	Part I of the Constitution Act, 1982 ⓘ linked to: Constitution Act, 1982
partOf	Canadian Charter of Rights and Freedoms ⓘ linked to: Constitution Act, 1982 Constitution Act, 1982 ⓘ
purpose	to allow elected legislatures to respond to judicial interpretations of the Charter ⓘ to preserve parliamentary supremacy over certain rights issues ⓘ
relatedConcept	judicial review in Canada ⓘ parliamentary sovereignty ⓘ
renewable	true ⓘ
requires	express declaration in the legislation ⓘ identification of the specific Charter provision being overridden ⓘ ordinary legislative majority unless otherwise specified by jurisdiction ⓘ periodic legislative reconsideration due to five-year limit ⓘ
subjectTo	political accountability ⓘ
temporalLimit	maximum five years per declaration ⓘ
temporalScope	prospective application to legislation ⓘ
textBeginsWith	"Parliament or the legislature of a province may expressly declare..." ⓘ
timeLimitReason	to align with maximum term of legislatures in Canada ⓘ