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SECTION 52


The Supreme Law of Canada

    In all applications under the Charter, it is of fundamental importance to bear in mind the provisions of this section which provides that the Constitution of Canada is the supreme law of Canada and that any law that is inconsistent with the provisions of the Constitution is to the extent of the inconsistency of no force and effect. Consequently, where an application is made to declare that a particular law is inconsistent with the provisions of the Charter, it is this section which provides the ultimate remedy in having the law that is the subject of the challenge, declared unconstitutional as inconsistent. In Re Mason and The Queen, (supra)(1983) 7 CCC (3d) 426 (Ont HC). s24(2)(b) of the Parole ReguiationsParole Regulations SOR/78-428, s24(2)(b); PC 1978-1528, as amended by SOR/78-524 SOR/78-628; SOR/79-88, SOR/81-318, SOR/81-47, SOR/85-236. was held to be inherently unfair and in violation of s7 of the Charter and therefore of no force and effect under s52.

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