Topic summary
Section 33
Extracted from the Wikipedia article Section 33 of the Canadian Charter of Rights and Freedoms.
Function
Section 33(3) provides that a declaration invoking the notwithstanding clause expires after five years, or a shorter period specified in the law. However, section 33(4) permits the legislature to re-enact the invocation of the notwithstanding clause, which is subject to the five year expiry period. The five-year limit aligns with the maximum term of a legislature or Parliament before an election must be called, ensuring that the public can hold elected officials accountable. Therefore, if voters disagree with the law, they may elect new representatives who can repeal the legislation or allow the declaration to lapse.