Then how can a law be struck down for conflicting with it? Didn't the legislature just amend the Charter by passing this law?
Then how can a law be struck down for conflicting with it? Didn't the legislature just amend the Charter by passing this law?
The law has a clause that says the Quebec Charter has precedence over another act (even those passed after it), unless that act "expressly states that it applies despite the Charter." See section 52 of the act.
In other words, you these have rights unless we say you don't.
And a similar clause exists in the Canadian Charter of Rights (which is part of the constitution), known as the notwithstanding clause (ie, section 33). The Quebec charter came first, so I guess it was an inspiration for it