What is the purpose of the nullification remedy under section 52(1)?

The purpose of the nullification remedy under section 52(1) of the Constitution Act, 1982, is to enable courts to invalidate laws that are inconsistent with the Constitution. This provision establishes a framework whereby any law that conflicts with the Constitution can be deemed inoperative. The logic behind this remedy is to uphold the supremacy of the Constitution; when a law is found to violate constitutional principles, it cannot remain in effect. This mechanism ensures that all laws must comply with constitutional requirements, reflecting the principle of constitutional supremacy that underpins Canada's legal system.

In contrast, providing temporary validity to a statute or adding words to a statute are not functions of the nullification remedy, as the remedy is about enforcing constitutional compliance rather than modifying legislative intent. Additionally, interpreting a statute to align with the Constitution typically falls under different legal processes, such as statutory interpretation or constitutional interpretation, rather than nullification itself. Thus, the role of section 52(1) is specifically geared toward striking down laws that do not meet constitutional standards.