The Alberta government is invoking Section 33 of the Canadian Charter of Rights and Freedoms — commonly referred to as the notwithstanding clause — in its legislation forcing striking teachers back to work.

But what is the notwithstanding clause, how often has it been used before and why was it included in the charter in the first place?

What is a Section 33 declaration?

Section 33 of the charter declares that “Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this charter.”

In plain language, invoking the clause allows governments in Canada to pass legislation that overrides certa

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