<P> The Parliament of Canada, a provincial legislature or a territorial legislature may declare that one of its laws or part of a law applies temporarily ("notwithstanding") countermanding sections of the Charter, thereby nullifying any judicial review by overriding the Charter protections for a limited period of time . This is done by including a section in the law clearly specifying which rights have been overridden . A simple majority vote in any of Canada's 14 jurisdictions may suspend the core rights of the Charter . However, the rights to be overridden must be either a "fundamental right" guaranteed by Section 2 (such as freedom of expression, religion, and association), a "legal right" guaranteed by Sections 7 - 14 (such as rights to liberty and freedom from search and seizures and cruel and unusual punishment) or a Section 15 "equality right". Other rights such as section 6 mobility rights, democratic rights, and language rights are inviolable . </P> <P> Such a declaration lapses after five years or a lesser time specified in the clause, although the legislature may re-enact the clause indefinitely . The rationale behind having a five - year expiry date is that it is also the maximum amount of time the Parliament or legislature may sit before an election must be called . Therefore, if the people wish for the law to be repealed, they have the "right" to elect representatives that will carry out the wish of the electorate . (The provisions of the Charter that deal with elections and democratic representation are not among those that can be overridden with the notwithstanding clause .) </P> <P> The notwithstanding clause reflects the hybrid character of Canadian political institutions . In effect it protects the British tradition of parliamentary supremacy under the American - style system of written constitutional rights and strong courts introduced in 1982 . Former Prime Minister Jean Chrétien also described it as a tool that could guard against a Supreme Court ruling legalizing hate speech and child pornography as freedom of expression . </P> <P> The idea for the clause was proposed by Peter Lougheed as suggested by Merv Leitch . The clause was a compromise reached during the debate over the new constitution in the early 1980s . Among the provinces' major complaints with the Charter was its effect of shifting power from elected officials to the judiciary, giving the courts the final word . Section 33, in conjunction with the limitations clause in section 1, was intended to give provincial legislators more leverage to pass law . Prime Minister Pierre Trudeau at first strongly objected to the clause, but eventually consented to its inclusion under pressure from the provincial premiers . </P>

Canadian charter of rights and freedoms notwithstanding clause