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FederalIn Progress45th Parliament, 1st Session

Bill S-218 explained in plain English

An Act to amend the Constitution Act, 1982 (notwithstanding clause)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
45th Parliament, 1st Session
Bill number
Bill S-218
Full title
An Act to amend the Constitution Act, 1982 (notwithstanding clause)
Current status
In Progress
Latest event
At second reading in the Senate
Last updated
Jun 4, 2026

Official Parliament of Canada snapshot for 45th Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
Jun 4, 2026
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-218 adds procedural requirements for Parliament to pass laws that override Charter rights, including judicial review, parliamentary origin, and supermajority support.

What It Means

Bill S-218 proposes changes to the Constitution Act, 1982, specifically section 33. It introduces new requirements for Parliament to pass laws that override certain rights under the Charter of Rights and Freedoms. These laws must meet specific conditions, including originating in the House of Commons, being introduced by a minister, and having prior judicial approval from the Supreme Court.

What This Bill Does
  • Adds new rules to the Constitution Act, 1982 (section 33) requiring legislation that overrides Charter rights to meet specific conditions.
  • Mandates that such laws must originate in the House of Commons and be introduced by a minister.
  • Requires prior judicial finding that the law infringes Charter rights, confirmed by the Supreme Court.
  • Mandates a preamble explaining the declaration and a ministerial statement on the law's impact on rights.
  • Prohibits time limits on debating such bills and excludes them from committee of the whole proceedings.
  • Requires a supermajority (two-thirds of the House and members from at least two parties) to pass such legislation.
Who Is Affected
  • Parliament (House of Commons and Senate)
  • Ministers
  • Supreme Court
  • Members of recognized political parties
Uncertainties Or Limits
  • The bill text does not specify the exact process for determining 'groups' in section 33.1(9)(b).
  • The text does not clarify how the 'supermajority' requirement interacts with existing parliamentary procedures.
Laws Or Regulations Affected
Constitution Act, 1982
Amended by adding new section 33.1

New requirements for passing laws that override Charter rights, including judicial review, parliamentary origin, and supermajority support.

Supreme Court Act
Referenced in section 33.1(4)

Supreme Court must determine if a law infringes Charter rights before Parliament can pass it.

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
May 28, 2025
Completed

Bill S-218 completed its first reading in the Senate on May 28, 2025, advancing to second reading on June 3, 2025, with no detailed debate content provided in this stage record.

Introduction and first reading, May 28, 2025
End of stage activity, May 28, 2025
Chamber sittings
Introduction and first reading - May 28, 2025

The Senate debate covers the introduction of bills, questions about official languages appointments, trade disputes, and a reference to the Speech from the Throne.

Step 2
Second reading
Jun 4, 2026
In progress

Bill S-218 is undergoing second reading in the Senate as of February 10, 2026, with recorded debate dates spanning from June 2025 to February 2026, but this record does not represent the full bill text or legal changes.

Chamber sittings
Debate at second reading - Jun 3, 2025

The Senate debated proposals to limit the use of the 'notwithstanding' clause in the Constitution, focusing on Bill S-218 and related bills, with discussions on procedural safeguards, federal-provincial jurisdiction, and public awareness.

The Senate debated Bill S-218 on June 3, 2025, discussing its implications for the 'notwithstanding' clause and related legislative proposals, with no immediate decision on a motion to adjourn.

Debate at second reading - Jun 10, 2025

The Senate debated issues related to child benefits, sterilization consent, and a private insurance merger bill, with discussions on policy implementation and ethical considerations.

Debate at second reading - Jun 12, 2025

On June 12, 2025, the Senate debated agricultural policy and supply management reforms, with no bills passed and a motion to adjourn the session.

Debate at second reading - Oct 7, 2025

The Senate debated motions on Indigenous peoples and youth voices on October 7, 2025, with Hon. Margo Greenwood (for Senator Audette) proposing committee authorizations.

Debate at second reading - Nov 25, 2025

The Senate session focused on introducing and discussing bills related to workplace rights, health policy, and trade reform, including the 'Can’t Buy Silence Act,' FASD initiatives, and amendments to the Competition Act, alongside procedural tributes.

Debate at second reading - Dec 2, 2025

The Senate debate on December 2, 2025, addressed constitutional amendments, Indigenous gaming legislation, and infrastructure policy reviews, with senators discussing procedural and substantive issues.

Debate at second reading - Feb 5, 2026

The Senate debated motions and reports on the Verified Travellers Program, Bear Witness Day, human rights issues, Jordan’s Principle implementation, and diaspora engagement, highlighting ongoing policy discussions without recorded legislative outcomes.

Debate at second reading - Feb 10, 2026

The Senate debates center on the Digital Privacy Act's implications for data protection and privacy, alongside discussions about official languages and the role of the Commissioner of Official Languages.

Debate at second reading - Jun 4, 2026

The Senate continued the second reading debate on Bill S-218, concerning amendments to the Constitution Act, 1982 regarding the notwithstanding clause, with discussions focusing on its historical context, purpose, and potential procedural implications.

Step 3
Third reading
Not reached yet
Not reached

Bill S-218 has not yet reached the Senate's third reading stage, with its most recent procedural activity being debate at second reading.

Step 1
First reading
Not reached yet
Not reached

Bill S-218, concerning the notwithstanding clause, has not yet completed its first reading in the House of Commons, despite being listed as a procedural stage, and is currently at second reading in the Senate.

Step 2
Second reading
Not reached yet
Not reached

This record details the progression of Bill S-218, noting its upcoming House of Commons second reading stage and past Senate readings and speeches.

Step 3
Consideration in committee
Not reached yet
Not reached

The bill has not yet proceeded to the committee stage in the House of Commons, while it is currently under debate at the second reading in the Senate.

Step 4
Report stage
Not reached yet
Not reached

Bill S-218, concerning amendments to the Constitution Act, 1982 regarding the notwithstanding clause, has not yet reached its Report stage in the House of Commons and is currently at second reading in the Senate.

Step 5
Third reading
Not reached yet
Not reached

Bill S-218 has not yet reached the Third Reading stage in the House of Commons, and is currently at Second Reading in the Senate.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Peter Harder
Senator | Progressive Senate Group (PSG) | Ontario
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced