remedies
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Power and Privilege
Parliamentary privilege in the Supreme Court’s decision on the availability of Charter damages for unconstitutional legislation Continue reading
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Power and Governance
Will the prospect of damages awards to compensate the victims of unconstitutional legislation interfere with good governance? I think not Continue reading
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Way to Power
Setting the scene for understanding the Supreme Court’s decision allowing damages as a remedy for legislative violations of the Charter Continue reading
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Declarations of Unconstitutionality as Judgments In Rem: A Response to Professor Daly
This post is written by Marc-Antoine Gervais, and a larger paper on the subject will appear in the McGill Law Journal (vol. 66). Canada’s model of judicial review of legislation is unusual. On the one hand, it is “diffuse” in that all courts of law (and many administrative tribunals) may decide constitutional questions. On the Continue reading
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R v King: Creative Remedies
On September 19, 2019, certain new amendments to the Criminal Code took effect. Those amendments, among other things, repealed s. 634 of the Criminal Code, which enshrined the statutory right to peremptory challenges of potential jurors (as opposed to challenges for cause). The bill in question replaced s.634 with a new provision that allowed expanded Continue reading
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When Dicey Smiles
The Supreme Court upholds immigration detainees’ right to habeas corpus Continue reading
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Sentencing Judgment Found Inside a Chinese Fortune Cookie
The sentencing judgment in the Québec City mosque shooter’s case is badly flawed Continue reading
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McCaw: Declarations of Invalidity in the ONSC
Can one ONSC judge bind another? Continue reading
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Dreaming of Dialogue
Can New Zealand courts declare statutes to be inconsistent with the Bill of Rights Act? Does this matter? Continue reading
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Extra Time
Assisted suicide and the trouble with giving politicians time to respond to judicial decisions This morning, the Supreme Court heard oral argument in the federal government’s application to extend the suspension of the declaration of invalidity of the Criminal Code‘s provisions that have the effect of prohibiting assisted suicide in any circumstances, which the Court granted Continue reading
Double Aspect 