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Cake day: June 7th, 2025

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  • Yes. Courts ruled the government would be violating section 7, “Life, liberty and security of the person”. Section 33 is the notwithstanding clause which allows governments to ignore section 7, among many others.

    Section 33, Notwithstanding clause:

    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.

    If you’re curious about which rights the government is allowed to ignore:

    Section 2(a) – Freedom of religion
    Section 2(b) – Freedom of expression
    Section 2© – Freedom of peaceful assembly
    Section 2(d) – Freedom of association
    Section 7 – Life, liberty and security of the person
    Section 8 – Search and seizure
    Section 9 – Arbitrary detention
    Section 10(a) – Right to be informed of reasons for detention or arrest
    Section 10(b) – Right to counsel
    Section 10© – Habeas corpus
    Section 11(a) – Right to be informed without unreasonable delay of the specific offence charged
    Section 11(b) – Trial within a reasonable time
    Section 11© – Protection against testimonial compulsion
    Section 11(d) – Presumption of innocence
    Section 11(e) – Right not to be denied reasonable bail without just cause
    Section 11(f) – Trial by jury
    Section 11(g) – Retroactive offences
    Section 11(h) – Protection against double jeopardy
    Section 11(i) – Lesser punishment
    Section 12 – Cruel and unusual treatment or punishment
    Section 13 – Protection against self-incrimination
    Section 14 – Right to an interpreter
    Section 15 – Equality rights