The Notwithstanding Clause in Canada: The First Forty Years

This article evaluates the use of section 33 Canadian Charter Rights and Freedoms, commonly known as notwithstanding clause (NWC), over first forty years its existence. It provides a comprehensive account all uses NWC in this period, introduces notion tyrannical NWC, develops criteria to evaluate whether particular is tyrannical. then demonstrates that most have not been tyrannical; rather, was used for temporary, ameliorative, or transitional purposes. That said, studied there three instances another had characteristics. Worryingly, tyranny, two taken place past four years.