Duhaime's Law Dictionary


Notwithstanding Definition:

In spite of, even if, without regard to or impediment by other things.

In Canada v Canadian Airlines, Justice Hansen noted:

"[N]otwithstanding means in spite of, without regard to or prevention by. The courts, in a number of instances, have accepted that the plain meaning of notwithstanding is in spite of."

In Sanchez-Rodriguez, Justice Graci rejected the proposal that notwithstanding could mean in addition to and, instead, adopted this definition:

"... in  spite of ... despite ...."

The term is often used in conjunction with statutory provisions, as in "notwithstanding all or any contrary law".

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