What is the notwithstanding clause? Explaining the rarely used provision

The Alberta government on Monday invoked the notwithstanding clause in legislation ordering 51,000 striking teachers back to work.

Premier Danielle Smith said it was needed because of the size of the strike — the largest in Alberta history — and the need for labour stability in schools.

Here is a look at the rarely used clause:

What is it?

The notwithstanding clause — or Section 33 of the Charter of Rights and Freedoms — gives provincial legislatures or Parliament the ability, through the passage of a law, to override certain portions of the Charter for up to five years.

Its origins

The clause, in its current form, came about as a tool to bring provinces onside with then-prime minister Pierre Trudeau’s signature piece of legislation.

With Charter negotiations ramping up in the e