The notwithstanding clause is actually a good idea in principle; it just needs one little safeguard

[mc776]

Exception where express declaration

33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

Operation of exception
(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

Five year limitation
(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

Show of good faith
(4) A declaration made under subsection (1) shall be effective only upon the following procedure having been followed, which cannot be waived:

(a) All members of Parliament or the legislature of the province, as the case may be, as a condition precedent to any vote in favour of the declaration, shall be crucified by being nailed to a cross for a continuous period of not less than 72 hours. No food, water, medical care or sanitation shall be provided during this period.

(b) Absent proof of specific intent to kill or permanently injure, no person shall be liable for any death, injury, humiliation or other claim whatsoever that may result from said crucifixion.

(c) The crucified legislators shall be monitored regularly for the sole purpose of receiving any requests by any of them to be taken down before the expiry of the 72 hours, upon which:

(i) such person shall be taken down from the cross forthwith; and
(ii) such person's vote shall be irreversibly deemed to be a vote against the declaration.

(d) Provided that the event in (c) has not occurred, and provided that such person does not recant their vote within a reasonable time after the expiry of the 72 hours, a crucified legislator's vote in favour of a declaration shall be effective upon the expiry of the 72 hours, whether or not the crucified legislator is alive at the time.

Pursuant to section 7, it is understood that any resulting deprivation of a legislator's life, liberty or security of the person is deemed to have occurred in accordance with the principles of fundamental justice.

Re-enactment
(4) [deleted]

Five year limitation [on re-enactment]
(5) [deleted]