What remedies are available to the court when there is a violation of the Charter that does not survive Section 1 scrutiny?

The remedial options open to the court when there is a violation of the Charter that does not survive Section 1 scrutiny were described in Schachter v. Canada[6], at p.695: Section 52 of the Constitution Act, 1982 mandates the striking down of any law that is inconsistent with the provisions of the Constitution, but only “to the extent of the inconsistency”. Depending upon the circumstances, a court may simply strike down, it may strike down and temporarily suspend the declaration of invalidity, or it may resort to the techniques of reading down or reading in. In addition, s.24 of the Charter extends to any court of competent jurisdiction the power to grant an “appropriate and just” remedy to “[a]nyone whose [Charter] rights and freedoms... have been infringed or denied.” In choosing how to apply s.52 or s.24 a court will determine its course of action with reference to the nature of the violation and the context of the specific legislation under consideration.