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what is the notwithstanding clause lets go all the way back to 1981. pierre trudeau who is the prime minister at the time was in the process of patrioting canadas constitution and the government had decided to include a charter of rights and freedoms inside it but several of canadas provincial premiers were worried the charter would give the courts too much power and take away decision-making abilities from the provinces and territories so after some last-minute negotiating the provinces agreed to support the charter on one condition that it included a clause that would allow parliament or the provinces to override a courts ruling on certain parts of the charter involving fundamental freedoms legal rights or equality rights the notwithstanding clause is also known as section 33 or some like to call it the nuclear option thats because its a big deal to use the notwithstanding clause the clause has only been used sparingly by provinces except when quebec used it as a blanket applic
