Final answer:
No, the 'notwithstanding clause' (s. 33) does not apply to all Charter rights in Canada; it cannot override democratic rights, mobility rights, or language rights. In the U.S., the Fourth Amendment protects against unreasonable searches, which applies to instances like a search based on hair color. Free speech, protected by the First Amendment, does not condone vandalism as a form of expression.
Step-by-step explanation:
No, section 33, often referred to as the 'notwithstanding clause', does not apply to all Charter rights. It allows Canadian federal or provincial governments to temporarily override certain portions of the Charter for up to five years. However, it cannot be used to override democratic rights, mobility rights, or language rights as outlined in sections 3, 6, and 16-23 of the Charter.
For instance, in the context of law enforcement and privacy, the fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. This would mean that a police officer cannot search your backpack solely because of your green hair, as this does not constitute reasonable suspicion of a crime. Privacy rights, as protected under the Fourth Amendment, would apply here.
Similarly, issues related to free speech are paramount in the First Amendment of the U.S. Constitution. Vandalism, as in the case of spray-painting on the mayor's front door, is not protected as freedom of speech because it involves the destruction of property. Non-destructive forms of protest would be more appropriate ways to exercise the right to free speech.