And now we arrive at Canada's famous "notwithstanding clause," the "loophole" you refer to.
The section is subject to the section 1 Oakes test, but cannot be nullified by the notwithstanding clause.
The provinces, however, did not find it a sufficiently strong enough recourse and instead insisted on the inclusion of the notwithstanding clause.
However, some religious groups had lobbied the provincial and federal governments to invoke Canada's notwithstanding clause to overrule the decision.
The notwithstanding clause can only be used to make exceptions to the Charter; it cannot change the federal division of powers.
Rights can also be temporarily overridden by the legislature through the notwithstanding clause.
Section 6 mobility rights are among the select rights that cannot be limited by the Charter's notwithstanding clause.
The notwithstanding clause authorizes governments to temporarily override the rights and freedoms in sections 2 and 7-15 for up to five years, subject to renewal.
Not all Charter rights are subject to the notwithstanding clause.
This sparked a debate as to how the notwithstanding clause can be amended.