Section 33 of the Canadian Charter of Rights and Freedoms, commonly known as the notwithstanding clause, allows the Parliament of Canada or provincial and territorial legislatures to temporarily overr
Justice Minister Jean Chrétien agreed to the notwithstanding clause in the Kitchen Accord.
Disallowance and reservation are constitutional powers in Canada that act as a mechanism to delay or overrule legislation passed by Parliament or a provincial legislature. In contemporary Canadian his
Section 33 of the Canadian Charter of Rights and Freedoms
…wouldn't have had any Charter without it." In exchange for agreeing to the notwithstanding clause, Trudeau declined to remove the federal powers of disallowance and reservation from the draft Constitution. When it was introduced, Alan Borovoy, the general counsel to the Canadian Civil Liberties Association, addressed concerns…
Front page of a copy of the British North America Act from 1867
Earl Granville affirmed the power of disallowance rested with the federal cabinet.
John A. Macdonald, Canada's first Prime Minister and Minister of Justice, developed the original principles of disallowance.
Edward Blake as Minister of Justice (1875–1877) was highly influential in convincing the government of the United Kingdom to remove provisions advising the governor general to reserve acts of Parliament.