What does section 52(1) address in relation to rights?

Section 52(1) of the Constitution Act, 1982, establishes the supremacy of the Constitution over any legislation. This provision states that any law that is inconsistent with the Constitution is, to the extent of the inconsistency, of no force or effect. It applies broadly to all aspects of the Constitution, including constitutional rights and freedoms as well as those enshrined in the Charter of Rights and Freedoms.

The reference to both constitutional and charter rights in the correct answer highlights that this section recognizes the authority and primacy of not only the rights that are explicitly guaranteed by the Charter but also any rights and freedoms that may exist within the broader framework of Canadian constitutional law. This means that if a statute or common law conflicts with constitutional provisions, whether they are derived from the Charter or not, section 52(1) provides a mechanism for the annulment of such conflicting laws.

For this reason, saying that section 52(1) addresses both constitutional and charter rights accurately captures the essence of the section’s function and importance within Canada’s legal framework.