Canada - September 2025

Canada’s ‘notwithstanding’ clause (s. 33)—a constitutional provision allowing the federal and provincial governments to override some Charter rights for up to five years—has faced renewed debate after the Supreme Court began reviewing Quebec’s Bill 21, which bans some public employees from wearing religious symbols. The federal government intervened in the case, arguing in its submission to the Court that repeated use of the override risks undermining constitutional protections and indirectly amending the Constitution. Separately, Quebec has proposed banning public prayer, potentially invoking the clause, raising concerns about infringements on freedom of religion and expression. In Alberta, the government announced plans to use the clause to shield laws restricting transgender rights, including bans on gender-affirming care for minors and participation in women’s sports. These developments highlight growing concerns about the invocation of the ‘notwithstanding’ clause, with the Supreme Court’s decision on Bill 21 likely to set a critical precedent.

Sources: Supreme Court of Canada, Canadian Broadcasting Corporation (1), Canadian Broadcasting Corporation (2), Canadian Broadcasting Corporation (3), Canadian Civil Liberties Association