▲ | tamimio a day ago | |
From https://prestonbyrne.com/2025/10/16/the-ofcom-files/ > consistent with the UK legal doctrine known as parliamentary supremacy, which holds that the UK Parliament has theoretically unlimited power This is also true in Canada for the most part, while in theory with the adoption of the Canadian Charter of Rights and Freedoms as part of the Constitution Act, 1982. This Act prescribes that “the Constitution of Canada is the supreme law of Canada” (s.52), Thus constitutional supremacy replaced Parliamentary supremacy in Canada, in reality, the parliament can invoke s. 33 of the Charter, the notwithstanding clause, allows Parliament and the provincial legislatures to override certain provisions of the Charter, Canadian legislatures are still partially supreme. Which means the law can stand even if it violates those rights. This clause, which can only be used for a five-year term that is renewable, applies to specific sections of the Charter, including fundamental freedoms, legal rights, and equality rights, but not democratic, mobility, or Aboriginal rights. |