The word “notwithstanding” is doing a lot of heavy lifting in the ongoing public debate over whether West Virginia’s religious freedom act applies to school vaccination laws. Gov. Patrick Morrisey’s ...

Quebec Premier François Legault announced on Wednesday that his government is prepared to use the so-called “notwithstanding clause” to require doctors trained in that Canadian province to start their ...

As cases in which provincial legislators have deployed the override power of the Canadian Charter of Rights and Freedoms — the “notwithstanding clause” — have proliferated, so have defences of their ...

As the Supreme Court of Canada considers limits on the use of the notwithstanding clause, the Alberta government is considering invoking the clause to preserve three pieces of legislation affecting ...

The Supreme Court spent most of this week hearing oral arguments in what is widely known as the Bill 21 case, after the infamous Quebec law banning the wearing of religious symbols in much of the ...

Debate over Law 21 and the growing use of the notwithstanding clause is sparking a broader national conversation about balancing Charter rights with provincial autonomy. A poster in Quebec referring ...

2:04 Alberta invokes notwithstanding clause again to stop court challenges of transgender laws The Alberta government has invoked the Charter’s notwithstanding clause to protect from legal challenge a ...

Activists express their concern over the increasing use of the notwithstanding clause to roll back 2SLGBTQIA+ rights in western provinces. Alberta Premier Danielle Smith. Credit: Alberta Newsroom ...

Recent arguments at the Supreme Court of Canada may soon impact how governments regulate employees’ religious expression, hiring practices and equality rights in public‑sector workplaces across the ...

Carefully examine any “notwithstanding” provision which may supersede other provisions—in the same contract or another contract for the same transaction. Pay close attention to the use of words with ...