What is the legal test for invalidating a law?
British Columbia, Canada
The following excerpt is from Pratten v. British Columbia (Attorney General), 2011 BCSC 656 (CanLII):
When a law produces an unconstitutional effect, the usual remedy lies under s. 52(1) of the Constitution Act, 1982, which provides that the law is of no force or effect to the extent that it is inconsistent with the Charter. Depending on the circumstances, a court may simply strike down the law; it may strike down and temporarily suspend the declaration of invalidity; or it may resort to the techniques of reading down or reading in: see Schachter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679, at p. 695.
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