What is the notwithstanding clause? Explaining the rarely used provision

The notwithstanding clause gives provinces or Parliament the ability to override certain portions of the Charter of Rights and Freedoms for up to five years.

The Alberta government on Monday invoked the notwithstanding clause in legislation ordering 51,000 striking teachers back to work.

Premier Danielle Smith said it was needed because of the size of the strike — the largest in Alberta history — and the need for labour stability in schools.

Here is a look at the rarely used clause:

The notwithstanding clause — or Section 33 of the Charter of Rights and Freedoms — gives provincial legislatures or Parliament the ability, through the passage of a law, to override certain portions of the Charter for up to five years.

The clause, in its current form, came about as a tool to bring provinces onside with then-prime minister Pierre Trudeau’s signature piece of legislation.

With Charter negotiations ramping up in the early 1980s, Trudeau didn’t see the need for the clause, but provinces, including Alberta and Saskatchewan, wanted an out should they disagree with a court decision.

In the end, Trudeau agreed.

The clause applies to certain sections of the Charter. It can’t be used against provisions that protect the democratic process. The clause also can’t be used for more than five years at a time.