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Section 33 of Canada’s Charter of Rights and Freedoms permits the Parliament of Canada to adopt...

Section 33 of Canada’s Charter of Rights and Freedoms permits the Parliament of Canada to adopt legislation that overrides basic Charter rights. Which of the following conditions must be satisfied in order for Parliament to adopt legislation that overrides Charter rights?

  1. The legislation must be approved by more than two thirds of the Members of Parliament.
  2. The legislation must expressly declare that it shall operate notwithstanding that it violates one of the rights guaranteed by the Charter.
  3. The legislation must be approved in advance by a majority of judges of the Supreme Court of Canada.
  4. The legislation must contain reasonable limits on the rights guaranteed by the Charter.           
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Answer #1

Ans) the correct option is b) The legislation must expressly declare that it shall operate notwithstanding that it violates one of the rights guaranteed by the Charter.

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