What is the effect of s. 52(1) of the Criminal Code of Canada's Criminal Code when a court issues a declaration of invalidity?
British Columbia, Canada
The following excerpt is from Sivia v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1030 (CanLII):
Section 52(1) instructs courts to declare unconstitutional legislation of no force or effect. When a court issues a declaration of invalidity, it declares that, henceforth, the unconstitutional law cannot be enforced. The nullification of a law is thus prospective. However, s. 52(1) may also operate retroactively so far as the parties are concerned, reaching into the past to annul the effects of the unconstitutional law: see, e.g., Miron v. Trudel, 1995 CanLII 97 (SCC), [1995] 2 S.C.R. 418.
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