Which section delays the effect of Section 15 for three years?

Which section delays the effect of Section 15 for three years?

• A. Section 32(2)
• B. Section 33(1)
• C. Section 28
• D. Section 31

Answer: (A)

The ability to pause the effect of a Charter right is provided by the notwithstanding clause, Section 33. It lets Parliament or a provincial legislature declare that, for a fixed period, a law will operate notwithstanding a Charter right, including Section 15 on equality, for up to five years. After that period, the Charter rights apply again unless the law is renewed under Section 33. So the mechanism that delays rights like Section 15 is Section 33, not the others listed. It’s also worth noting that the default maximum delay is five years, though a shorter period can be chosen. The other sections don’t create a delay for Charter rights: Section 32 concerns to whom the Charter applies (federal and provincial governments), Section 28 concerns gender equality, and Section 31 relates to limits on extending provincial legislative power.

The ability to pause the effect of a Charter right is provided by the notwithstanding clause, Section 33. It lets Parliament or a provincial legislature declare that, for a fixed period, a law will operate notwithstanding a Charter right, including Section 15 on equality, for up to five years. After that period, the Charter rights apply again unless the law is renewed under Section 33. So the mechanism that delays rights like Section 15 is Section 33, not the others listed. It’s also worth noting that the default maximum delay is five years, though a shorter period can be chosen.

The other sections don’t create a delay for Charter rights: Section 32 concerns to whom the Charter applies (federal and provincial governments), Section 28 concerns gender equality, and Section 31 relates to limits on extending provincial legislative power.