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notwithstanding clause

(legal) A clause within a legal instrument that occurs in spite of any other clause that forbids it.

ˌnɑtwɪθˈstændɪŋ ˈklɔzCurrent44 viewsLast reviewed Jun 29, 2026+ Add a definition
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3 citations · last seen May 2026

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#1·Apr 27, 2026

(legal) A clause within a legal instrument that occurs in spite of any other clause that forbids it.

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#2·Apr 27, 2026

(Canada, legal) Section 33 of Part I (Charter of Rights and Freedoms) of the Canadian Constitution Act (1982), which permits the creation of laws without regard for certain constitutional rights. Specifically, under section 33 the federal and provincial governments may enact laws "notwithstanding" section 2 (Fundamental Freedoms) and sections 7 through 15 (Legal and Equality Rights) of the Charter of Rights and Freedoms. Such laws may be in effect for up to five years and are renewable.

Heard in the wild
  • NEW POST: On debates about the Supreme Court, 'consistent' constitutional interpretation, and the notwithstanding clause emmettmacfarlane.substack.com/p/on-debates...

    Bluesky· May 2026
  • Will she or can she ever weigh in on unconstitutional things taking place in different provinces? Say the use of the ‘notwithstanding clause” in Alberta and Saskatchewan that takes away basic rights of Canadian citizens?

    Bluesky· May 2026
  • Premier Fréchette plans to renew notwithstanding clause on Bill 96 https://www.newsbeep.com/ca/649638/ With just weeks to legislate before the National Assembly rises ahead of the election, Quebec Premier Christine Fréchette…

    Bluesky· May 2026
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