How do the standing qualifications differ between section 52(1) and section 24(1)?

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The correct answer is that section 52(1) is available to any person, while section 24(1) is limited in its application. Section 52(1) of the Constitution Act, 1982 establishes that any person can challenge the constitutionality of a law or government action, offering a relatively broad scope for individuals or legal entities to assert their rights based on constitutional grounds. This provision allows for a wide range of applicants to bring forth a challenge, which underscores the accessibility of constitutional review.

In contrast, section 24(1) primarily addresses the enforcement of rights and freedoms set out in the Canadian Charter of Rights and Freedoms. While it does provide a remedy for those whose Charter rights have been infringed, it does not allow just anyone to seek any kind of remedy. Instead, the individual must have standing, which is often limited to those who can demonstrate a direct and personal stake in the matter at hand. This requirement makes it more restrictive compared to the broader approach of section 52(1).

Thus, the distinction lies in the accessibility of the two provisions for different groups of individuals and the contexts in which they can invoke constitutional challenges.

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