Which of the following is correct with respect to the Charter of Rights and Freedoms?

A) Section 33 (the notwithstanding clause) only applies to some specified provisions of the Charter.
B) The federal or provincial legislature cannot override a person's right to free speech.
C) The federal or the provincial legislature cannot override a person's right not to be discriminated against on the basis of race or religion.
D) The parliament or provincial legislature can only override a section of the Charter under the notwithstanding clause if they clearly state they are doing so and then wait 5 years before implementing the provision.
E) The effect of the notwithstanding clause is to shift the power back to the judges.

Question

Zybrea Knight · Accepted Answer

Final Answer : A, Explanation :  Section 33 of the Charter, known as the notwithstanding clause, allows federal or provincial legislatures to pass laws that operate notwithstanding certain provisions of the Charter. This clause does not apply to all sections of the Charter, specifically excluding some key rights such as the right to vote and mobility rights.

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