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The History ofnd Charter Challenges in Canada Same-Sex Marriage a
The Notwithstanding Clause: Section 33 of the Charter of Rights and Freedoms assumes a prominent place in Canada’s Constitution as well as establishing a relationship between the judicial and the legislative branches of the government. The applicability of the clause has been contented in debate forums since its enactment with antagonists propagating that it violates the fundamental rights of people while the proposers are advancing that it is invoked to meet specific needs at that time. Indeed, Section 33 gives the federal and provisional government the mandate to override a clause in the constitution if they find it necessary. On that note, the paper premises that it sounds to invoke the Notwithstanding Clause by the Federal government of Canada in its endeavor to restrict marriage to opposite-sex couples. 
The first and nebulous fact on the Notwithstanding Clause is that it is already established law in Canada Constitution where the federal government has the mandated of defining norms and rules on how to run the country. Moreover, Canada’s legal and legal system recognizes the Constitution as the supreme law of the land also referred to as constitutional supremacy. Therefore, by federal government enacting legislation to restrict marriage only to opposite-sex explicitly is covered by revoking the Notwithstanding Clause is within its judicial and legislative mandates. In other words, the federal government has the sole authority to define or amend Marriage Act as it finds it fit. 
Another crucial point is the fact that Notwithstanding Clause has a lifespan, five years, within which the passed law can be used to assess to determine its implication on the society at large. In his letter to Prime Minister Paul Martin, Cardinal Ambrozic moves a vital point when he states that the five-year period will provide the national government with ample time to discuss both sides of the debated issue to arrive at a sober and careful decision. Ambrozic remarks make sense in the essence that the new law is not passed to serve for eternity but for a specific period after which the concerned members can reassess the situation based on the findings. 
The opponents of a new law by the federal government through invoking of Notwithstanding Clause advance that it violates the equality rights of people the same Constitution is mandated to defend. In most cases, they quote the Civil Movements in the U.S. by propagating that if such a section was in the U.S. Constitution, banning of the movements could occur as they started, consequently, derailing establishment of equality in the country (Hopper n.p). The question thus arises as to why Canada did a recommendable job to write a constitution to govern the running of the country only to later on insert a measure allowing provincial Premier to ignore it (Hopper n.p). As a result, the clause will be used as a reference in trampling of equality of rights such as enactment of a new marriage law that only recognizes only opposite-sex couples. 
Indeed, though the claims by the antagonists have some elements of truth, they fail to appreciate the fact that the Civil Rights were intended to alleviate suffering for those in oppression and not for personal satisfaction. Analogously, same-sex marriage is a new thing even in mature democracies such as the U.S. and its acceptance in the society will take a considerable time. Additionally, as Cardinal Ambrozic put it, “Tampering with marriage and the family poses significant social risks,” as it will require the restructuring of social frameworks to accommodate them. On that note, it is worth invoking the clause to allow the legislatures and policymakers to carry in-depth research by assessing challenges being faced by countries that have enacted new marriage act. 


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