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are there any laws that break the charter of rights and freedoms in canada?

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  • ?
    Lv 4
    9 years ago
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    Yes -

    The most famous is likely s. 287 of the Criminal Code of Canada, which purports to criminalize abortion except in certain extremely limited circumstances. This section (then s. 251) was ruled by the Supreme Court to be a violation of s. 7 of the Charter of Rights and freedoms that could not be saved under s. 1 in R. v. Morgentaler.

    Although the law is unconstitutional, and is therefore of 'no force or effect' pursuant to s. 52(1) of the Constitution Act, 1982 (i.e. it is void and unenforceable) it has not been repealed and still forms part of the Criminal Code of Canada today.

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