What happens to legislation that violates the Charter under Section 52?

Legislation that violates the Charter under Section 52 is deemed to be of no force and effect. Section 52 of the Constitution Act, 1982 establishes that any law that is inconsistent with the Charter is invalid to the extent of that inconsistency. This means that if a particular law or provision contradicts the rights and freedoms guaranteed by the Charter, it cannot be enforced or relied upon in legal proceedings. This principle reinforces the supremacy of the Constitution and the protection of individual rights.

The implications of this section are significant: it provides a clear remedy for individuals whose rights under the Charter have been infringed upon, allowing them to challenge the validity of such legislation. This upholds the rule of law by ensuring that no law can override the constitutional protections afforded to individuals.

Other options do not accurately reflect the principles established by the Charter. For example, upholding legislation that serves the public interest contradicts the fundamental notion of the Charter, as it does not permit the sacrifice of individual rights for perceived collective benefits. These other options suggest a degree of flexibility or conditional enforcement that simply does not exist under the clear wording and principles laid out in Section 52.