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Understanding Canada's Notwithstanding Clause

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Created December 8, 2025

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Video Transcript

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Canada has a constitutional override button that lets governments ignore your rights. It's called the

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notwithstanding clause, and it's completely unique. Here's how it works:

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if a court says a law violates your freedom of expression or equality rights, the government can

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literally say "we're doing it anyway" for up to five years. But there's a catch. They can't override

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your right to vote or move freely in Canada, and they have to publicly admit they're

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using it, which means facing angry voters at the next election. It's basically a

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compromise between protecting rights and letting elected officials make tough calls.

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Whether that's genius or dangerous depends on who you ask.

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