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True

Alberta can override Charter rights using the notwithstanding clause without leaving Canada.

Claimed by: Commonly stated by Alberta independence advocates

True: True as written according to the settled evidence. How we rate.

This is correct, within limits. Section 33 of the Charter, the notwithstanding clause, lets Parliament or any provincial legislature declare that a law operates despite the fundamental freedoms in section 2 and the legal and equality rights in sections 7 to 15. Such a declaration lasts up to five years and can be renewed. It cannot reach democratic, mobility, or language rights, and using it is politically costly, but it is a real power Alberta already holds as a province.

Last reviewed: May 30, 2026