SUPREMACY OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Abstract

The Canadian Charter of Rights and Freedoms is Part 1 of the Constitution Act, 1982, which is part of the "Constitution of Canada". By virtue of section 52(1) of the Constitution Act, 1982, the Constitution of Canada is "the supreme law of Canada", and inconsistent laws enacted by the Parliament or a Legislature are of no force or effect. In this article the writer concludes that the Constitution Act, 1982, including PartI (the Charter) and section 52(1) (the supremacy clause), has been validly enacted by the United Kingdom Parliament, and has been effectively entrenched so that its provisions can only be amended by the new amending procedures laid down by Part V of the Constitution Act, 1982.