Which clause allows Parliament to override certain rights guaranteed in the Charter?

Prepare for the NCA Canadian Constitutional Law Exam with a range of engaging tools. This quiz features flashcards and multiple choice questions complete with hints and explanations. Boost your confidence and ready yourself for success!

The clause that allows Parliament to override certain rights guaranteed in the Charter is known as the notwithstanding clause. Officially referred to as Section 33 of the Canadian Charter of Rights and Freedoms, this provision permits governments to enact legislation that may contravene specific rights or freedoms outlined in the Charter but still remain valid despite such contravention.

The notwithstanding clause exists to balance the power of Parliament with the rights of individuals, allowing legislators the flexibility to address specific societal needs and concerns even if those needs might infringe upon certain Charter rights. However, the use of this clause is not without limits; any law passed under this provision must explicitly state that it operates notwithstanding the Charter, and its effects can only last for up to five years before it requires renewal.

In contrast, the supremacy clause establishes that the Constitution is the supreme law of Canada, emphasizing that any laws inconsistent with the Constitution, including the Charter, are of no force and effect. This clause does not grant any authority to override rights but rather affirms the constitutionality of laws.

The existential clause and fixed rights clause do not exist within the legal framework of Canadian law, making them irrelevant in this context. Thus, the notwithstanding clause is the correct answer because it specifically provides Parliament with the power

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