What is the term for a constitutional clause allowing federal or provincial governments to opt-out of certain charter provisions?

The term for a constitutional clause that allows federal or provincial governments to opt-out of certain Charter provisions is known as the notwithstanding clause. This clause is specifically included in the Canadian Charter of Rights and Freedoms, outlined in Section 33 of the Charter. It provides governments the authority to enact legislation that may contravene certain rights and freedoms guaranteed by the Charter for a period of up to five years, allowing them to effectively bypass those protections in specific instances.

The rationale behind this clause is to maintain a balance between parliamentary supremacy and the rights delineated in the Charter, allowing elected representatives the ability to reflect the will of the people, even if that means temporarily infringing on individual rights. This clause has been a subject of debate, as it reinforces the concept of democratic governance while also raising questions about the protection of minority rights.

In contrast, the override clause typically refers to legislative actions that can affect standard laws but does not specifically pertain to the Charter. The exemption clause is not a recognized term in this context, and the amendment clause relates more to the formal processes required to change the Constitution rather than allowing governments to bypass Charter rights.