33. (1) Parliament or the
legislature of a province may expressly declare in an Act of Parliament or of
the legislature, as the case may be, that the Act or a provision thereof shall
operate notwithstanding a provision included in section 2 or sections 7 to 15
of this Charter.
(2)
An Act or a provision of an Act in respect of which a declaration made under this
section is in effect shall have such operation as it would have but for the provision
of this Charter referred to in the declaration.
(3)
A declaration made under subsection (1) shall cease to have effect five years
after it comes into force or on such earlier date as may be specified in the declaration.
(4)
Parliament or a legislature of a province may re-enact a declaration made under
subsection (1).
(5)
Subsection (3) applies in respect of a re-enactment made under subsection (4)
Note
from the editor: Section 2 of the Charter deals with the fundamental freedoms
such as freedom of thought, freedom of the press, religion, peaceful assembly
etc.; sections 7-14 deal with legal rights such as right to council, to a jury,
to a fair trial, to life, liberty and the security of the person etc.; Section
15 contains the equality Rights’ provisions that safeguards the individual
against discrimination on the basis of race, colour, religion, sex etc.
S. 52 Sections 9 to 38 prevail
over any provision of any subsequent act which may be inconsistent therewith unless
such act expressly states that it applies despite the Charter.
Note
from the editor: Sections 9 to 38 deal with matters of confidentiality, non
discrimination clauses, political rights, judicial rights. The excluded sections,
those that never prevail over other laws in any case are: the economic and social
rights and a variety of general provisions.
