Section 33 -52

Section 33 - Notwithstanding clause

Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (or la clause nonobstant in French), or as the override power, and it allows Parliament or provincial legislatures to temporarily override certain portions of the Charter.

Section 52 (1) - The supremacy clause

Section 52 reaffirms constitutional supremacy. It imposes an obligation on bodies empowered to determine questions of law to do so in a manner consistent with the

Constitution and to invalidate or treat as invalid a law to the extent of its inconsistency with the Constitution. When a court finds or “declares” that a law unjustifiably limits the Charter, that law is null and void by operation of section 52.

Section 52 (2) - The Constitution

Jurisprudence has not commented directly on a specific purpose of section 52. On its face, the provision adds a degree of precision and some certainty to the meaning and definition of the term, the “Constitution of Canada”, and thus to the ambit of the supremacy clause in section 52, by identifying instruments that make up the Constitution of Canada. Supreme Court of Canada jurisprudence indicates, however, that section 52 is not exhaustive in its identification of the elements of the Constitution. This issue is further discussed below.

Refer to the links below for more info

Section 33 - https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art33.html

Section 52 - https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art521.html