Is Severance an ordinary and everyday part of constitutional adjudication?
British Columbia, Canada
The following excerpt is from R. v Simard, 2019 BCSC 531 (CanLII):
Severance is “an ordinary and everyday part of constitutional adjudication”: Schacter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679 at 696. This technique allows courts to strike down laws only to the extent of their constitutional inconsistency. To do so, however, the court must carefully define the extent of the inconsistency between the impugned provisions and Charter requirements (p. 697).
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