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
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.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-218 adds procedural requirements for Parliament to pass laws that override Charter rights, including judicial review, parliamentary origin, and supermajority support.
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.
- 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.
- Parliament (House of Commons and Senate)
- Ministers
- Supreme Court
- Members of recognized political parties
- 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.
New requirements for passing laws that override Charter rights, including judicial review, parliamentary origin, and supermajority support.
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 textParliamentary Process
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.
Bill S-218, which proposes amendments to the Constitution Act, 1982 (notwithstanding clause), completed its first reading in the Senate on May 28, 2025. This procedural step involved the formal introduction of the bill and its general agreement in principle. The bill then proceeded to second reading in the Senate on June 3, 2025. No detailed debate or discussion content is provided in this stage record, as it only reflects the procedural movement of the bill through the legislative process.
The Senate debate covers the introduction of bills, questions about official languages appointments, trade disputes, and a reference to the Speech from the Throne.
The Senate debate transcript includes several key topics. First, there is a welcome to new senators, followed by the introduction of bills S-211 and S-212. A senator raises a question about the appointment of the Commissioner of Official Languages, which the government responds to by citing the 2023-2024 budget. Another senator questions the government's stance on interprovincial trade disputes, and the government acknowledges the complexity of such issues. Finally, a speech from the throne is referenced, with a note on land acknowledgment practices.
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.
This record details the procedural progress of Bill S-218 through the Senate. The bill is currently at the second reading stage in the Senate, with debate ongoing as of February 10, 2026. Key dates include the first reading on May 28, 2025, and the initial second reading sitting on June 3, 2025. Major speeches during the second reading debate occurred on multiple dates between June 2025 and February 2026, including a sponsor's speech by Senator Peter Harder (Progressive Senate Group) on June 3, 2025. This record reflects procedural activity and debate timelines, not the full bill text or legal amendments.
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 debate transcript details discussions around the 'notwithstanding' clause in the Constitution, specifically focusing on Bill S-218, which proposes procedural safeguards to limit its use. Key topics include: (1) Concerns about the clause's potential for abuse, with some senators advocating for stricter limits on its application by federal and provincial governments. (2) Reference to Bill C-21, which would require a five-year sunset clause for laws using the 'notwithstanding' clause. (3) Debate over whether the clause should be restricted to specific areas like human rights, with some arguing it should not apply to provincial laws. (4) Mention of the need for public awareness to ensure the clause's intended effect is maintained. The discussion highlights procedural and constitutional concerns without resolving specific legislative outcomes.
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.
The Senate debate on June 3, 2025, focused on Bill S-218, which proposes amendments to the 'notwithstanding' clause in the Charter of Rights and Freedoms. Senators discussed the potential impact of limiting this clause on legislative authority, with some arguing it would restrict federal power and others emphasizing its role in protecting minority rights. The debate also referenced Bill C-21 and other legislative proposals, with mentions of constitutional provisions like section 90. A motion to adjourn the Senate was tabled but not immediately decided.
The Senate debated issues related to child benefits, sterilization consent, and a private insurance merger bill, with discussions on policy implementation and ethical considerations.
The Senate debate focused on several key issues. First, the Hon. David M. Wells raised concerns about the Canada Child Benefit and Canada Child Tax Credit, emphasizing the need for clarity in implementation. The Hon. Scott Tannas responded by highlighting the government's efforts to improve the system. Later, the debate shifted to Bill S-228, which addresses sterilization without consent, with senators discussing its implications for vulnerable populations. A private bill, S-1001, was also debated, involving a merger of insurance companies. Senator Tannas declared a private interest in this bill. Finally, a motion was proposed to refer certain documents to the Ethics Committee for review.
On June 12, 2025, the Senate debated agricultural policy and supply management reforms, with no bills passed and a motion to adjourn the session.
On June 12, 2025, the Senate debated several bills and motions. Key topics included: 1. Bill C-202 (Supply Management): Senators discussed its impact on small farms, with emphasis on protecting Canadian producers from U.S. market volatility. The Bloc Québécois and Quebec's National Assembly supported the bill, citing its role in maintaining price stability for dairy and poultry sectors. A motion to adjourn the Senate was passed, with the next sitting scheduled for June 17, 2025. 2. Bill C-282 (Food Security): Debate focused on soil degradation and the need for sustainable agricultural practices. Senators referenced a Food and Agriculture Organization report highlighting the urgency of addressing soil health. 3. Procedural Actions: The Senate adjourned for the day, with no votes recorded. No bills were passed in the Senate on this date. The debates emphasized agricultural policy, supply management, and environmental sustainability, with no legal changes enacted during this session.
The Senate debated motions on Indigenous peoples and youth voices on October 7, 2025, with Hon. Margo Greenwood (for Senator Audette) proposing committee authorizations.
The Senate debate on October 7, 2025, included discussions about motions related to Indigenous peoples and youth voices. The speaker, Hon. Margo Greenwood (for Senator Audette), proposed motions to authorize committees to study specific issues. The official text is available at the provided URL.
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.
During the Senate session, several bills were introduced and discussed. Bill S-232, the 'Can’t Buy Silence Act,' aims to prohibit non-disclosure agreements (NDAs) in federally funded workplaces to prevent misuse in workplace harassment cases. This was linked to the 16 Days of Activism against Gender-Based Violence, highlighting its relevance to gender-based violence prevention. Bill S-234 focuses on addressing Fetal Alcohol Spectrum Disorder (FASD), emphasizing its impact as a multi-generational health issue. Bill S-239, the 'Canadian Prosperity Act,' seeks to improve internal trade by amending the Competition Act, including provisions for a 120-day response period for federal responses to competition-related matters. The discussion also touched on expanding the Competition Bureau's mandate and ensuring accountability mechanisms. A tribute to Vernon and Shirley Petten was included, acknowledging their contributions to Canadian society, though this is procedural rather than legislative. The key themes centered on workplace rights, health policy, and trade reform, with procedural debates focusing on the implementation and scope of these bills.
The Senate debate on December 2, 2025, addressed constitutional amendments, Indigenous gaming legislation, and infrastructure policy reviews, with senators discussing procedural and substantive issues.
The Senate debate transcript from December 2, 2025, includes discussions on several bills and motions. Key topics include: 1. Bill S-218: A motion to amend the Constitution Act to remove the 'notwithstanding' clause, allowing provinces to override federal laws in certain areas. The debate focused on constitutional interpretation and federal-provincial relations. 2. Bill S-241: A proposal to amend the Criminal Code and Indian Act to address Indigenous gaming and economic reconciliation. Discussions highlighted the need for legislative clarity and consultation with Indigenous communities. 3. Review of the Building Canada Act: A joint committee review of the Act's implementation, with senators questioning the Governor in Council's powers and the effectiveness of infrastructure funding mechanisms. 4. Other motions: Senators raised procedural questions about the scheduling of debates and the use of parliamentary time. The debates reflect ongoing legislative priorities around constitutional reform, Indigenous rights, and infrastructure policy.
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.
The Senate debate record from February 5, 2026, includes discussions on several motions and reports. Key topics include: 1. Motion S-310 (Verified Travellers Program): Senators debated the program's implementation, with some expressing concerns about its impact on international travel and others supporting its role in enhancing security. 2. Motion S-311 (Bear Witness Day): A motion to recognize the importance of documenting human rights abuses was discussed, with emphasis on its role in preserving historical records and supporting victims. 3. Report on Human Rights in Canada: Senators reviewed a report highlighting systemic issues, including racial discrimination and access to justice, with calls for policy reforms. 4. Jordan’s Principle Implementation: A report on the principle's application for First Nations children was debated, focusing on challenges in accessing healthcare and education services. 5. Diaspora Engagement: A motion to strengthen ties with Canadian diaspora communities was proposed, with discussion on cultural preservation and civic participation. The debates reflect ongoing legislative and policy discussions in the Senate, with a focus on human rights, international relations, and Indigenous issues. No final votes or legislative outcomes are recorded in the provided text.
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.
The Senate debates focus on two main topics. First, discussions about the Digital Privacy Act, including data protection, privacy rights, the role of the Privacy Commissioner, transparency, and balancing privacy with security. Second, debates about the appointment of Kelly Burke as Commissioner of Official Languages, emphasizing integration of newcomers, preservation of francophonie, and promoting bilingualism and Indigenous languages.
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.
The Senate is currently at the second reading stage for Bill S-218, An Act to amend the Constitution Act, 1982 (notwithstanding clause). The sitting on June 4, 2026, included tributes to pages, discussions on D-Day and the Battle of Normandy, National Health and Fitness Day, innovation in health care, and congratulations to graduates. Routine proceedings saw various committee reports tabled, including those on Bill C-20 (Build Canada Homes), Bill C-25 (Canada Elections Act), and Bill S-6 (Federal Law–Civil Law Harmonization Bill, No. 4). Question Period addressed issues like francophone minority communities, the Canada Strong Fund, Canadian content and online streaming, competition policy, youth unemployment, and cyber security. The Orders of the Day listed several bills at third reading, including amendments to the Criminal Code (Bill C-9), a cybersecurity bill (Bill C-8), and a wartime service recognition bill (Bill S-246). The Senate also continued debate on a bill to amend the Canada Elections Act (Bill S-213) and began debate on Bill S-218, the subject of this summary. The sitting concluded with an adjournment motion.
Bill S-218 has not yet reached the Senate's third reading stage, with its most recent procedural activity being debate at second reading.
The provided text describes the procedural status of Bill S-218 in the Senate. It indicates that the bill has not yet reached the third reading stage. The latest activity noted is debate at second reading on Thursday, June 4, 2026. The bill had its first reading on Wednesday, May 28, 2025, and its second reading on Tuesday, June 3, 2025. Several dates are listed for major speeches related to the second reading, with the earliest being Tuesday, June 10, 2025, and the latest being Thursday, June 4, 2026. The sponsor's speech at the second reading was given by Peter Harder on Tuesday, June 3, 2025.
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.
This record indicates that Bill S-218, an Act to amend the Constitution Act, 1982 concerning the notwithstanding clause, has reached the first reading stage in the House of Commons. However, the 'Stage state' is marked as 'Not reached', meaning this procedural step has not yet occurred. The bill is currently at the second reading stage in the Senate, with several related speeches noted.
This record details the progression of Bill S-218, noting its upcoming House of Commons second reading stage and past Senate readings and speeches.
This artifact describes the 'House of Commons Second reading' stage for Bill S-218. The bill is currently at the 'Second reading in the Senate' stage. The 'House of Commons Second reading' stage has not yet been reached. The record shows the bill's first reading on Wednesday, May 28, 2025, and second reading on Tuesday, June 3, 2025. It also lists several dates for major speeches during the second reading in the Senate, from Tuesday, June 10, 2025, to Thursday, June 4, 2026. The sponsor's speech at the second reading in the Senate was given by Peter Harder on Tuesday, June 3, 2025.
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.
The provided text describes the procedural status of Bill S-218 in the House of Commons. It indicates that the bill has not yet reached the 'Consideration in committee' stage in the House of Commons. The bill is currently at the 'Second reading' stage in the Senate, with several speeches recorded at that stage. No actions have occurred in the House of Commons regarding this bill's committee stage based on this artifact.
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.
This artifact describes the procedural status of Bill S-218, An Act to amend the Constitution Act, 1982 (notwithstanding clause). It indicates that the bill has reached the Report stage in the House of Commons, but this stage has not yet occurred. The current status of the bill is at second reading in the Senate, with its latest activity being a debate at second reading on June 4, 2026. The bill had its first reading on May 28, 2025, and second reading on June 3, 2025.
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.
This record indicates that Bill S-218, concerning an amendment to the Constitution Act, 1982, has not yet reached the Third Reading stage in the House of Commons. The bill's current procedural status is 'At second reading in the Senate', with its latest activity noted as debate at second reading in the Senate on Thursday, June 4, 2026. The artifact specifically labels the 'House of Commons Third reading' stage as 'Not reached'.
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
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
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