Can a law ever exist in Canada if it conflicts with the Charter?
Both
the federal and provincial governments do retain a final power to
declare that a law will continue to be in force despite the Charter.
This is done under a section known as the notwithstanding clause:
a clause which says that the Parliament or provincial legislatures
can declare a law in force, because it is important to public policy,
notwithstanding the guarantee of fundamental rights and freedoms
in the Charter. This option is rarely exercised.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
April
2000
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