S-218 (45-1) - An Act to amend the Constitution Act, 1982 (notwithstanding clause)
Chamber
senate
Stage
2nd Reading
Introduced
May 28, 2025
Progress
This bill adds new rules making it harder for Parliament to use the notwithstanding clause to override Charter rights.
Key Changes
- Bills invoking the notwithstanding clause must originate in the House of Commons and be introduced by a Cabinet minister
- The Supreme Court must first rule, via a formal reference, that the bill or related law violates a Charter right before the notwithstanding clause can be invoked
- Such bills must include a preamble explaining the reasons for overriding Charter rights
- A minister must table a statement explaining the rights impacts and why they cannot be justified under Section 1
- Time allocation (debate-limiting motions) is prohibited for these bills in either chamber
- Passing third reading requires a two-thirds supermajority in the House of Commons, supported by at least two recognized parties
Gotchas
- This bill only applies to the federal Parliament — provincial legislatures would remain free to use the notwithstanding clause under existing rules without these restrictions
- Requiring a Supreme Court reference before introduction creates a mandatory judicial step, which could significantly delay or complicate the use of the clause in urgent situations
- The two-thirds supermajority requirement is a constitutional amendment to voting rules under the Constitution Act, 1867, meaning this bill itself may require a constitutional amendment process to become law
- The bill does not address the notwithstanding clause's use in relation to Section 28 (gender equality) or Section 15 equality rights beyond what is already covered in sections 7–15
- Because this is a Senate public bill, it would still need to pass the House of Commons and potentially meet constitutional amendment thresholds to take effect
Who's Affected
- Federal Parliament and Cabinet ministers
- Canadian citizens whose Charter rights (sections 2 and 7–15) might be affected by federal legislation
- The Supreme Court of Canada, which would need to conduct references before the clause is invoked
- Political parties in the House of Commons, who must cooperate to reach a supermajority
- Residents of Yukon and Northwest Territories, as the bill explicitly covers federal authority over those territories
Vibes
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Gotchas
- This bill only applies to the federal Parliament — provincial legislatures would remain free to use the notwithstanding clause under existing rules without these restrictions
- Requiring a Supreme Court reference before introduction creates a mandatory judicial step, which could significantly delay or complicate the use of the clause in urgent situations
- The two-thirds supermajority requirement is a constitutional amendment to voting rules under the Constitution Act, 1867, meaning this bill itself may require a constitutional amendment process to become law
- The bill does not address the notwithstanding clause's use in relation to Section 28 (gender equality) or Section 15 equality rights beyond what is already covered in sections 7–15
- Because this is a Senate public bill, it would still need to pass the House of Commons and potentially meet constitutional amendment thresholds to take effect
Summary
The notwithstanding clause (Section 33 of the Constitution Act, 1982) allows Parliament or provincial legislatures to pass laws that override certain Charter rights for up to five years. This bill, introduced in the Senate, would add new conditions that the federal Parliament must meet before it can use this clause. Under this bill, any federal bill invoking the notwithstanding clause would need to start in the House of Commons and be introduced by a Cabinet minister. It could only be introduced after the Supreme Court has already ruled — through a formal reference — that the bill or a related law actually violates a Charter right. The bill would also require a written preamble explaining why the override is being used, and a minister's statement explaining the rights impacts and why they can't be justified under Section 1 of the Charter. Additionally, the bill would ban time allocation (a tool used to speed up debate) on such bills, require them to go through a full committee rather than Committee of the Whole, and require a two-thirds supermajority in the House of Commons — plus support from members of at least two recognized parties — to pass third reading. These changes would apply only to the federal Parliament, not to provincial legislatures.
Automatically generated from bill text using Claude
Vibes
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