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To: inquest
And the Quebec Charter of Rights is actually a regular statute passed by the legislature; it can be repealed or amended like any other.

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

40 posted on 06/09/2005 10:24:13 AM PDT by ottawaboy
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To: ottawaboy
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."

Someone else mentioned to me something about a "notwithstanding" clause. Is that the same?

41 posted on 06/09/2005 10:28:15 AM PDT by inquest (FTAA delenda est)
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