Which of the following statements is correct with respect to our constitutional law?
A) Neither the Federal or Provincial governments can change the provisions of the Charter of Rights and Freedoms without going through the constitutional amending process.
B) The Constitution Act, 1982 was passed only by the English parliament.
C) The Constitution Act, 1982 is the supreme law of Canada and overrides statutes.
D) The Canadian Charter of Rights and Freedoms is part of the BNA Act.
E) The Charter is entrenched and, as such, none of its provisions can be overridden by any level of government.

Question

Quizplus · Accepted Answer

The Constitution Act, 1982 is the supreme law of Canada and overrides statutes. This means that any statute, law or regulation that is inconsistent with the Constitution is invalid to the extent of the inconsistency. This includes the Charter of Rights and Freedoms, which is part of the Constitution. Option A is incorrect because the constitutional amending process is required to change the provisions of the Constitution, including the Charter, but only the federal and provincial governments can do this. Option B is incorrect because the Constitution Act, 1982 was passed by both the English and Canadian parliaments. Option D is also incorrect because the Canadian Charter of Rights and Freedoms is not part of the British North America Act (BNA Act). Option E is partially correct because the Charter is indeed entrenched, but some of its provisions can be overridden by the "notwithstanding clause" in certain circumstances.

Which of the Following Statements Is Correct with Respect to Our