Under Section 33(1), what may Parliament or a province expressly declare?

Under Section 33(1), what may Parliament or a province expressly declare?

• A. That the Act shall operate notwithstanding a provision of sections 2 or 7-15
• B. That the Charter cannot apply
• C. That rights are unchanged
• D. That Parliament may override any law

Answer: (A)

Section 33(1) creates the notwithstanding clause, which lets Parliament or a province expressly declare that a law shall operate notwithstanding certain Charter rights. Specifically, a statute can state that it operates despite provisions in sections 2 and 7–15 of the Charter. This is a temporary override (typically up to five years and can be renewed), not a blanket refusal of Charter rights. It doesn’t allow overriding every law or all Charter rights, and it isn’t a permanent change to the Charter’s protections. So the correct statement is that Parliament or a province may expressly declare that the Act shall operate notwithstanding a provision of sections 2 or 7–15.

Section 33(1) creates the notwithstanding clause, which lets Parliament or a province expressly declare that a law shall operate notwithstanding certain Charter rights. Specifically, a statute can state that it operates despite provisions in sections 2 and 7–15 of the Charter. This is a temporary override (typically up to five years and can be renewed), not a blanket refusal of Charter rights. It doesn’t allow overriding every law or all Charter rights, and it isn’t a permanent change to the Charter’s protections. So the correct statement is that Parliament or a province may expressly declare that the Act shall operate notwithstanding a provision of sections 2 or 7–15.