LRC Reports

Severance of Unconstitutional Enactments (1989)

Keywords: severance; unconstitutional; enactment; limitation; legislation; charter; Charter

When legislation is held by a court to infringe the Constitution Act, 1867 or the Canadian Charter of Rights and Freedoms, the court has the authority to strike down either the offending section or the legislation in its entirety. In the United States severance clauses are often inserted into legislation to guide the courts in that context. Severance clauses direct the court to strike down only the offending portion of the legislation, rather than striking down the entire statute. This project considers the desirability of severance clauses for British Columbia.

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