Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?
A) The power of the Parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution.
B) The federal Parliament is now supreme and can override anything done by the provincial legislatures or the courts.
C) Under the Charter of Rights and Freedoms, the Supreme Court can declare some things done by both levels of government unlawful.
D) Now in Canada there is an effective system of checks and balances where the Prime Minister on some occasions can overrule decisions made by Parliament or the Supreme Court of Canada.
E) With the passage of the Charter of Rights and Freedoms, the Parliament of Canada has become Canada's final court of appeal.

Question

Quizplus · Accepted Answer

The passage of the Charter of Rights and Freedoms introduced judicial review, which allowed the courts (including the Supreme Court of Canada) to declare some actions by both levels of government as unconstitutional and therefore unlawful. This means that parliamentary supremacy was affected in that the power of Parliament and provincial legislatures is not absolute and can be reviewed by the courts. However, it does not mean that the federal Parliament has become supreme over the provincial legislatures or that the Prime Minister can overrule decisions made by Parliament or the Supreme Court.

Which One of the Following Statements Is Correct with Respect