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


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.


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


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


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.


The application is dismissed.

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