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WHAT IS CONSTITUTIONAL LAW ABOUT?
All laws of Canada, provincial and federal, must conform to the Constitution, the Charter of Rights. Any laws inconsistent with the Constitution have no force or effect. However it can take years for a law to be overturned and many people languish in jail waiting for a ruling. It does not work like the TV shows.
Canadian constitutional law relates to the interpretation and application of the Constitution of Canada by the Courts.
Public interest groups may also bring matters before the Supreme Court of Canada but only if they satisfy the requirements of the Borowski test.
The group must demonstrate that the law they are challenging raises a serious constitutional issue, the group has a genuine interest in the matter, and that there is no other reasonable and effective manner in which the issue may be brought before the Court.
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