CANADALAND Canada Is Built on a Clause That Nobody Is Supposed to Use. What Happens Now That Everyone Is Using It?
Apr 7, 2026
Pearl Eliadis, a Quebec-based constitutional lawyer and lecturer, breaks down the controversial notwithstanding clause. She traces its origin, explains why Bill 21 reached the Supreme Court, and explores political uses across provinces. Listens into roots in Quebec secularism, the stakes for the Charter, and why this is the clause’s biggest test yet.
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Why Section 33 Exists And What It Does
- The notwithstanding clause was created as a compromise to placate provinces worried about federal power over laws.
- Provinces won a temporary override allowing laws to stand despite Charter breaches, designed for five-year renewable use but long treated as taboo.
How Bill 21 Reached The Supreme Court
- Bill 21 was enacted in Quebec with Section 33 invoked immediately, prompting legal challenges that reached the Supreme Court.
- The Superior Court flagged harms to racialized religious women but felt constrained by Section 33; the Court of Appeal unanimously upheld the law and overturned exemptions for English school boards.
Provinces Treat The Notwithstanding Clause As A Political Tool
- The Supreme Court hearing attracted a record number of interveners because provinces see Section 33 as a political tool to preserve legislative power.
- Provincial governments, especially conservative ones, intervened to defend the clause as constitutional and democratically chosen.