Law Society of Ontario (LSO) Paralegal Practice Exam

What allows a law inconsistent with the Charter to be ignored?

1. Section 24

2. Section 52

3. Section 12

4. Section 15

The correct answer is: Section 52

The correct answer is section 52 of the Constitution Act, 1982. This section is significant because it provides a mechanism through which laws that are inconsistent with the Canadian Charter of Rights and Freedoms can be declared invalid. Section 52 states that any law that is inconsistent with the Constitution is of no force or effect. This means that whenever a court determines that a law violates the Charter, it can disregard that law, ensuring that the rights and freedoms guaranteed by the Charter take precedence. In contrast, section 24 provides remedies for individuals whose Charter rights have been infringed. While it allows for legal recourse, it does not directly address the validity of the law itself. Section 12, which protects against cruel and unusual punishment, and section 15, which ensures equality before the law, are specific rights granted by the Charter but do not in themselves provide a mechanism for ignoring conflicting laws. Thus, section 52 is the correct response because it clearly delineates the relationship between laws and the Constitution, affirming the supremacy of the Charter.