WDW101Y1 Lecture Notes - Muhammed Azam Didamari, Narcotic Control Act, Overbreadth Doctrine
21 Oct 2013
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: parliament is not entitled to enact criminal law that constitutes an unjustified violation of one of the rights guaranteed in the charter. Not all charter violations make a law unconstitutional. The constitution is the supreme law of canada, and any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force and effect. If law is inconsistent of no force and effect a court will declare that a law will no longer be enforced (however this doesn"t mean that the law will be taken out of the criminal court) Already talked about how a law can be inconsistent with ss. Now going to look at how it can be inconsistent with the charter. Forms part of the constitution: 52(1) applies to charter violations. Any law that is inconsistent with the charter is of no force and effect to the extent of the inconsistency.
