Overdue
Government of Canada · Constitutional Infrastructure Division
Equipment Maintenance Log
Unit: Section 33 — Charter Override Mechanism
Serial No. 1982-33-001 Commissioned: April 17, 1982 Log printed: March 22, 2026
Unit Description: Constitutional mechanism permitting temporary override of Charter rights (ss. 2, 7–15). Designed as emergency backstop. 5-year auto-expiry. No operator training required.
Intended Use: Exceptional circumstances only. Last resort.
Actual Use: See below.
Usage Log — Post-Hibernation Period (2018–Present)

Note: Unit dormant outside Quebec from 2000 to 2018 (18 years). Reactivated below.

Date Operator Action / Override Purpose Rights Overridden Status
May 2018 Saskatchewan
Moe (SP)
School Choice Protection Act. Override of court ruling on Catholic school funding for non-Catholic students. ss. 2, 7–15 Not in force
Sep 2018 Ontario
Ford (PC)
Efficient Local Government Act (Bill 31). Reduce Toronto city council from 47 to 25 wards. Threatened after adverse court ruling. Abandoned after stay granted. ss. 2, 7–15 Abandoned
Jun 2019 Quebec
Legault (CAQ)
Bill 21 — Act Respecting the Laicity of the State. Ban religious symbols for public employees in authority. Pre-emptive invocation. No prior court ruling. ss. 2, 7–15 Renewed 2024
2019 New Brunswick
Higgs (PC)
Bill 11 — Immunization Act. Eliminate non-medical vaccine exemptions for school students. Invoked pre-emptively. Never advanced past second reading. ss. 2, 7–15 Stalled
Jun 2021 Ontario
Ford (PC)
Protecting Elections and Defending Democracy Act. Restrict third-party election advertising. Invoked after court struck down law. SCC struck down 2025 (s.3 not overridable). ss. 2, 7–15 Struck down
Jun 2022 Quebec
Legault (CAQ)
Bill 96 — Act Respecting French. Sweeping language law reform. Clause applied to entire bill. Pre-emptive. No prior court ruling. ss. 2, 7–15 Active
Nov 2022 Ontario
Ford (PC)
Keeping Students in Class Act (Bill 28). Impose collective agreement on 55,000 CUPE education workers. Ban strikes. Pre-emptive. Repealed 14 days later after mass backlash. ss. 2, 7, 15 Repealed
Oct 2023 Saskatchewan
Moe (SP)
Parents’ Bill of Rights (Bill 137). Require parental consent for student pronoun/name changes under 16. Emergency session called. Override of court injunction. ss. 2, 7–15 Active
May 2024 Quebec
Legault (CAQ)
Bill 21 renewal. Notwithstanding clause re-enacted for 5 more years (to 2029). Vote: 83–26. ss. 2, 7–15 Renewed
Oct 2025 Alberta
Smith (UCP)
Back to School Act (Bill 2). Force 51,000 teachers back to work. Impose rejected contract. Override right to strike. Pre-emptive. Passed in single night session. ss. 2, 7, 15 Active
Current — SCC Hearing March 23–26, 2026

Equipment Performance Summary

Invocations since reactivation (2018)
10
Invocations in prior 18 years (2000–2018)
0
Provinces operating unit
5
Pre-emptive uses (no prior court ruling)
6
Passed in emergency / overnight session
3
Subsequently repealed or struck down
3
Scheduled maintenance
None
Federal uses to date
0