COVID-19 Litigation

Constitutional Law Remedies

Coming soon.

Charter Damages

Charter damages are a unique public and constitutional law remedy for breaches of the Canadian Charter of Rights and Freedoms. Charter damages are different from private law damages (i.e. tort damages or breach of contract damages) and from equitable remedies. As the Charter only applies to government actors, Charter damages are only available against those actors whose activities properly attract Charter scrutiny.

Constitutional Remedies

Section 52 and Section 24-based remedies. Section 52 is a general provision, outside the Charter declaring the supremacy of the constitution, and stating that any law inconsistent with the Constitution is (to the extent of the inconsistency) of no force or effect. This section allows courts to strike down legislation. Section 24 is a remedies clause specific to the Charter. It allows anyone whose rights or freedoms (as guaranteed by the Charter) have been infringed or denied to apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.