Dec. 17, 2011 - Interesting Rulings

The Constitution Act 1867-1982in section 52, states:

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

In p. 655, paragraph 27 of R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, Mr. Justice Belzil has ruled:

"Thus it can be seen that the Canadian Charter was not conceived and born in isolation. I agree. It is part of the universal human rights movement. It guarantees that the power of government in Canada shall not be used to abridge or abrogate the fundamental rights to which every Canadian, as well as every other human being in the world, is entitled by birth.

In paragraph 38 and 39 of that case we read:

38. Section 52 sets out the fundamental principle of constitutional law that the Constitution is supreme. The undoubted corollary to be drawn from this principle is that no one can be convicted of an offence under an unconstitutional law

39. Any accused, whether corporate or individual, may defend a criminal charge by arguing that the law under which the charge is brought is constitutionally invalid

The Constitution Act 1867 clearly set out that the provinces have jurisdiction in civil matter. "Quazi criminal" is not their jurisdiction, thus no one can lawfully be convicted of such an offence, i.e. the Highway Traffic Act...

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