charter remedies

The Clashing of Constitutional Principles: Canada (Attorney General) v Power

In Canada (Attorney General) v Power 2024 SCC 26 [Power], the Supreme Court held that the Crown can be held liable in damages for passing legislation later deemed unconstitutional. This case turns on conflicting constitutional principles. On the one hand, the principles of parliamentary sovereignty, the separation of powers, and parliamentary privilege call for absolute […]

Appeal Watch: Consecutive Ineligible Parole Periods Deemed Unconstitutional in Attorney General of Quebec, et al. v. Alexandre Bissonnette

*TRIGGER WARNING: This post has descriptions of violence that may be triggering to some readers* Since the abolition of the death penalty, the highest sentence a judge can prescribe to a criminal offender is a life sentence with a 25-year parole ineligibility period. Where there are multiple murder victims, under s. 745.51 of the Criminal […]

R v Reilly: Stay of Proceeding is Not a Remedy for Systemic Charter Breaches