Comparison With Other Human Rights Instruments
Constitutional scholar Peter Hogg has remarked that the notwithstanding clause "seems to be a uniquely Canadian invention." There is no such device, for example, in the United States Bill of Rights. However, the concept of the notwithstanding clause was not created with the Charter. The presence of the clause makes the Charter similar to the Canadian Bill of Rights (1960), which, under section 2, states that "an Act of the Parliament" may declare that a law "shall operate notwithstanding the Canadian Bill of Rights." A primary difference is that the Bill of Rights' notwithstanding clause could be used to invalidate any right, not just specified clauses as with the Charter. The Saskatchewan Human Rights Code (1979), the Quebec Charter of Human Rights and Freedoms (1977), and the Alberta Bill of Rights (1972) also contain devices like the notwithstanding clause.
Outside Canada, Israel added a device similar to the notwithstanding clause to one of its Basic Laws in 1992. This power, however, could be used only in respect of the right to work.
In Victoria, Australia, section 31 of the Victorian Charter of Human Rights and Responsibilities fulfills a similar purpose.
Read more about this topic: Section Thirty-three Of The Canadian Charter Of Rights And Freedoms
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