SirJosephPorter, there are two ways in which the notwithstanding clause can be used. First, the Parliament of Canada invokes s. 33 when it passes the legislation to start with. Second, Parliament reacts to a court decision and makes a later amendment to invoke s. 33 for that same Act.
And which one of these would apply here, FP? Neither of them, I would imagine. There has been no court case. Parliament did not pass any law pertaining to this recently, so obviously Parliament did not invoke the Notwithstanding Clause when they passed the original legislation.
So I think I am right in stating that Notwithstanding clause does not apply here.