Law 2101 Chapter Notes - Chapter CR-20 to CR-26: Overbreadth Doctrine
11 Oct 2016
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A charter violation may be litigated in the context of ordinary law enforcement process. A person prosecuted for having violated a law may argue that the prosecution cannot succeed because the law she is said to have violated is unconstitutional and it infringes the charter. One does not have to violate the law to argue that a law in unconstitutional. Party: describes the participants in a case: person making the claim or seeking relief (plaintiff or applicant, the person against who the claim is made (defendant or respondent) The parties in a charter case are those seeking relief from a charter violation and the state alleged to be in violation of the charter. If constitutionality of a law is challenged, the attorney general from the relevant province that passed the law or the federal government is the defendi ng party. It is not easy to bring a charter case and it is very expensive.
