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.

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April 2000

see also:

• More Charter FAQs

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