After numerous Notwithstanding Clause to limit the application of the Canadian Charter of Rights and Freedoms as a result of discussions during a First Ministers'conference and other minor changes in November 1981.
32.
Bourassa instead overturned the court's decision by invoking Section Thirty-three of the Canadian Charter of Rights and Freedoms ( i . e ., the " Notwithstanding Clause " ).
33.
The use of the notwithstanding clause lead to formal complaints by three Quebecers : John Ballantyne, Elizabeth Davidson, and Gordon McIntyre, who own businesses in Sutton, Quebec and Huntingdon, Quebec.
34.
The notwithstanding clause has never been used by the federal government; it is generally believed that this is because it would constitute a politically embarrassing admission that the law in question violated human rights.
35.
Gogan stated that he would abandon his proposal for an eleventh province if the Canadian Constitution were amended to remove the " notwithstanding clause ", which allows governments to override binding decisions by the courts.
36.
The Saskatchewan Human Rights Code ( 1979 ), the Quebec Charter of Human Rights and Freedoms ( 1977 ), and the Alberta Bill of Rights ( 1972 ) also contain devices like the notwithstanding clause.
37.
Gogan also stated that he would abandon his proposal for an eleventh province if the Canadian Constitution were amended to remove the " notwithstanding clause ", which allows governments to override binding decisions by the courts.
38.
In 1993, after the law was criticized by the United Nations Human Rights Committee, the Bourassa government had the National Assembly rewrite the law to conform to the Charter, and the notwithstanding clause was removed.
39.
This move was politically controversial, both among Quebec nationalists who were unhappy with the changes to the Charter of the French Language, and among English-speaking Quebecers who opposed the use of the notwithstanding clause.
40.
Because section 11 of the Charter is among the sections that can be overridden under section 33 ( the notwithstanding clause ), Parliament could in theory enact " ex post facto " laws by invoking section 33.
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