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Canada is one of the most sought after places in the world to live The standard of living is one of the highest in the world it welcomes new immigrants and there are many personal freedoms which are questioned in other parts of the world Here there is a Charter of Rights and Freedoms that protects our individual rights This charter which came to be in 1982 is the basis of our Canadian society It lays down the law so that the limitations can be seen Other countries also have similar documents but Canadas has some unique qualities Though it is a huge social accomplishment in Canadian politics it does have some flaws One unique quality in our constitution is section 33 also referred to as the Notwithstanding Clause Since its inception in 1982 this clause has been the cause of much controversy The Notwithstanding Clause should be removed from the Canadian Charter of Rights and Freedoms because it violates the equality that the rest of the charter tries to protect The Notwithstanding Clause is a compromise that was made by the parties involved in the 1982 constitutional meetings Its purpose was to appease the groups that felt the constitution hurt their interests Section 33 states as follows 1Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature as those may be be that the Act or a provision there of shall operate notwithstanding a provision included in s2 or ss7-15 of this charter 2An act or provision of an act in respect of which a declaration made under this section is in effect shall have operation as it would have but for the provision of this charter referred to in the declaration 3A declaration made under subsection 1 shall cease to have 5 years after it comes into force or on such earlier date as may be specified in the declaration 4Parliament on the
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