Supreme Court of Canada Rules Government Can Be Held Liable For Laws That Violate Charter

On July 19, 2024, the Supreme Court of Canada ruled that the state is not immune from liability for drafting and enacting laws that are later found to be unconstitutional.

With the exception of two justices, the majority of the top court said governments have a limited liability for laws that are found to violate the Charter.

Historically accused criminals have used the Canadian Charter more successfully than anyone, to guarantee their constitutional rights are upheld, yet during COVID, we witnessed the unprecedented, mass removal or suspension of constitutional rights, with very little to no sound justification.

Interestingly this bar has been in place for more than two decades, yet Justice Wagner and Karakasantis do not appear to apply the same standards for COVID legal challenges, and have refused to even grant leave for judicial scrutiny.  Justice Jamal is dissecting the difference between drafting law from enacting law, yet these are both executive and parliamentary tasks and should therefore be subject to judicial review.

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Source: CP24 via The Canadian Press