La clausola notwithstanding della Canadian Charter of Rights and Freedoms: da un uso modesto alla valorizzazione in alcune recenti sentenze della Corte suprema

The article examines the notwithstanding clause, contained in Section 33 of the Canadian Charter of Rights and Freedoms, to highlight a new reading of the clause itself offered by the Supreme Court in relatively recent times. Preliminarily, after delving into its content, genesis, and rationale, the paper investigates the impact that the legislative override provision has had in the Canadian constitutional system. Then, the analysis shifts to two Supreme Court decisions, Frank v. Canada (Attorney General) and Conseil scolaire francophone de la Colombie-Britannique v. British Columbia, where the argument of the exemption from the scope of Section 33 is employed to justify a more stringent judicial review, within the framework of the general limitation clause provided by section 1 of the Charter.