The provincial legislature is about to pass a piece of legislation that conflicts with one of the following rights. It had intended to do so under s. 33(1) , the notwithstanding clause, but has just found out that s. 33 is not effective against this right. Which of the following is it?

A) The right to life, liberty and security of the person.
B) Freedom of speech.
C) Freedom of religion.
D) The right to vote.
E) Equality rights.

Question

Auriel Beatty · Accepted Answer

Final Answer : D, Explanation :  The right to vote is protected under sections of the Canadian Charter of Rights and Freedoms that cannot be overridden by the notwithstanding clause (section 33). This clause allows federal or provincial legislation to temporarily override certain sections of the Charter, but it does not apply to democratic rights, including the right to vote, outlined in sections 3-5, nor does it apply to mobility rights or language rights.

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