Law Society of Ontario (LSO) Paralegal Practice Exam

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Under what section can a person apply to the court if their Charter rights have been infringed?

Section 30
Section 24
Section 42
Section 12

The correct answer is: Section 24

The ability for individuals to apply to the court if their Charter rights have been infringed is specifically provided for under Section 24 of the Canadian Charter of Rights and Freedoms. This section outlines the remedies available to individuals whose rights and freedoms have been violated. It states that anyone whose rights or freedoms, as guaranteed by the Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. By establishing this mechanism, Section 24 serves as a critical enforcement tool for Charter rights, ensuring that violations can be challenged and addressed within the legal system. This is essential for upholding the rule of law and protecting individual rights in Canada. The other sections mentioned do not pertain to the application process for remedies relating to Charter rights infringements. This makes Section 24 the most relevant and effective legal provision for individuals seeking recourse for violations of their Charter rights.