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Section 33 Constitution Act 1982 (Charter of Rights and Freedoms)

OTHER CANADIAN LAWS 1. Rights and freedoms in Canada. 2. Fundamental freedoms. 3. Democratic rights of citizens. 4. Maximum duration of legislative bodies. 5. Annual sitting of legislative bodies. 6. Mobility of citizens. 7. Life, liberty and security of person. 8. Search or seizure. 9. Detention or imprisonment. 10. Arrest or detention. 11. Proceedings in criminal and penal matters. 12. Treatment or punishment. 13. Self-crimination. 14. Interpreter. 15. Equality before and under law and equal protection and benefit of law. 16. Official languages of Canada. 16.1. English and French linguistic communities in New Brunswick. 17. Proceedings of Parliament. 18. Parliamentary statutes and records. 19. Proceedings in courts established by Parliament. 20. Communications by public with federal institutions. 21. Continuation of existing constitutional provisions. 22. Rights and privileges preserved. 23. Language of instruction. 24. Enforcement of guaranteed rights and freedoms. 25. Aboriginal rights and freedoms not affected by Charter. 26. Other rights and freedoms not affected by Charter. 27. Multicultural heritage. 28. Rights guaranteed equally to both sexes. 29. Rights respecting certain schools preserved. 30. Application to territories and territorial authorities. 31. Legislative powers not extended. 32. Application of Charter. 33. Exception where express declaration. 34. Citation. 35. Recognition of existing aboriginal and treaty rights. 35.1. Commitment to participation in constitutional conference. 36. Commitment to promote equal opportunities. 37. Repealed. 38. General procedure for amending Constitution of Canada. 39. Restriction on proclamation. 40. Compensation. 41. Amendment by unanimous consent. 42. Amendment by general procedure. 43. Amendment of provisions relating to some but not all provinces. 44. Amendments by Parliament. 45. Amendments by provincial legislatures. 46. Initiation of amendment procedures. 47. Amendments without Senate resolution. 48. Advice to issue proclamation. 49. Constitutional conference. 50. Section 92A, Constitution Act, 1867 51. Sixth Schedule, Constitution Act, 1867 52. Primacy of Constitution of Canada. 53. Repeals and new names. 54. Repeal and consequential amendments. 55. French version of Constitution of Canada. 56. English and French versions of certain constitutional texts. 57. English and French versions of this Act. 58. Commencement. 59. Commencement of paragraph 23(1)(a) in respect of Quebec. 60. Short title and citations. 61. References Schedule (Not available)

Section 33 Constitution Act 1982

Section 33 Constitution Act 1982 is about Exception where express declaration. It is under Part I (Canadian Charter of Rights and Freedoms) and ‘Application of Charter’ of the Act.

See also Section 12 Canadian Human Rights Act 1985

Exception where express declaration

(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.

Operation of exception

(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.

Five year limitation

(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.

Re-enactment

(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).

Five year limitation

(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).

See also:

– Section 32 Constitution Act 1982

– Section 31 Constitution Act 1982

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