Canada is a Constitutional Democracy
updated: Feb. 2, 2010
Canada is a Constitutional Democracy, not a Parliamentary Democracy as the Conservatives would like you to believe!? That was recognized in 1982 in the Canadian Charter of Rights and Freedoms. Any laws passed by Parliament are subject to be measured against the Constitution. If a law is found to be inconsistant with the Charter, then section 52(1) instructs courts to declare unconstitutional legislation of no force or effect. When a court issues a declaration of invalidity, it declares that, henceforth, the unconstitutional law cannot be enforced. In the words of Professor Hogg, a declaration of constitutional invalidity “involves the nullification of the law from the outset” (P. W. Hogg, Constitutional Law of Canada (loose-leaf ed.), vol. 2, at p. 55-2(emphasis added)). The legislature does not have the authority to enact an unconstitutional law. If the law was invalid from the outset, then any government action taken pursuant to that law is also invalid.
Canada (Attorney General) v. Hislop, [2007] 1S.C.R. 429, 2007 SCC 10 para 81-83
"Injustice anywhere is a threat to justice everywhere"
- Martin Luther King Jr.
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