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O’Donohuge v The Queen (2003), 109 CRR (2d) 1 (Ont. SCJ); aff’d [2005] OJ no. 965 (CA)

Facts:

Provisions in the Act of Settlement 1701 are of no force or effect as they discriminate against Roman Catholics and are in violation of the Charter.

Issue(s):

Should the rules of succession be declared to have no effect in Canada, because of the possible violation of the Charter?

Ratio:

Canada is a monarchy and the rules of the Charter cannot be applied to dispute the core of how the monarchy works.
**No hierarchy within the Constitution

Analysis:

The determination of whether a matter is justifiable is an enquiry into the appropriateness as a matter of constitutional judicial policy of the courts deciding a given issues. The Charter cannot be used to amend or trump another part of the Constitution.

Holding:

The application is dismissed.


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