What is the effect of a declaration under Section 33(2)?

What is the effect of a declaration under Section 33(2)?

• A. It nullifies the Charter entirely
• B. It has operation as if the Charter provision referred to were not in effect
• C. It expands charter rights
• D. It applies to municipalities only

Answer: (B)

The main idea here is that Section 33(2) creates a temporary override mechanism. A legislature may declare that a particular statute will operate notwithstanding certain Charter rights, but only for a limited period—up to five years—and only for the rights specified in that declaration. In practice, that means the law runs as if the Charter provision it targets were not in effect for the duration of the five-year window. After five years, the Charter rights apply again unless the declaration is renewed. This is a temporary, targeted override, not a permanent nullification or expansion of rights, and it doesn’t give municipalities the power to make such declarations.

The main idea here is that Section 33(2) creates a temporary override mechanism. A legislature may declare that a particular statute will operate notwithstanding certain Charter rights, but only for a limited period—up to five years—and only for the rights specified in that declaration. In practice, that means the law runs as if the Charter provision it targets were not in effect for the duration of the five-year window. After five years, the Charter rights apply again unless the declaration is renewed. This is a temporary, targeted override, not a permanent nullification or expansion of rights, and it doesn’t give municipalities the power to make such declarations.