Derek Moran
i was at the library yesterday- and this is what Peter Hogg had to say in his Constitutional Law of Canada textbook 8th-edition, cuz someone stole the 10th, clarifying SECTION 32. of the CHARTER:
Any statute enacted by either Parliament OR a Legislature which is INCONSISTENT with the Charter, will be OUTSIDE the POWER OF (ULTRA VIRES), the enacting body and WILL BE INVALID. (footnote: 47)
footnote 47: this result would follow EVEN WITHOUT the Supremacy Clause of section 52(1), BUT, that clause REINFORCES the ULTRA VIRES conclusion.