What is the test for striking down legislation to the extent of the inconsistency?
Alberta, Canada
The following excerpt is from R. v. White, 2007 ABQB 359 (CanLII):
Schachter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679 provides guidelines for a s. 52 analysis. Lamer C.J. explained that the phrase “to the extent of the inconsistency” could be interpreted to mean striking down legislation; striking down and temporarily suspending legislation; severing the legislation, which he also referred to as reading down the legislation; or reading in to the legislation. Determining which of the interpretations applies depends upon the provision in question. The over-arching principles of respect for the role of the legislature and respect for the purposes of the Charter guide the analysis.
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